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planning-applications.co.uk |
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PLANNING APPEALS
DO I NEED A HOUSEHOLDER APPEAL OR STANDARD APPEAL?
The Householder Appeal relates to householder planning
applications concerning such proposals as extensions to houses, the
erection of outbuildings, such as sheds, garages and other domestic buildings
as well as fences, walls and other alterations to the external appearance of a
house. The time limit for the Inspectorate to
receive your appeal is only 12 weeks from the date shown on the LPA’s decision notice.
In addition, you can appeal against a planning condition imposed on
an approved householder planning permission.
A householder planning application is NOT one that seeks a change of use of
the property or land, or involves a change to the number of dwellings in a
building, such as where a house is converted into two or more flats. A
standard Appeal is available in those circumstances.
Guidance on the
Householder Appeal Service
The Standard Appeal remains available for
other types of application; including Householder Applications where the LPA
have not decided your householder application within the 8 week time limit and
you want to appeal on the grounds of its non-determination (in other words its
failure to decide); or you are appealing against the grant of permission
subject to conditions to which you object.
You will have 6 months to lodge this type of appeal.
WHICH METHOD OF APPEAL SHOULD I USE?
There are three methods by which to make your planning appeal:-
1. Written Representations.
This is the most common and often quickest form of appeal.
Essentially you and the local authority are required to exchange your
respective views in written statements, which are also sent to the Inspector.
Third parties interested in the appeal may also make their comments in writing
to the Inspector and you will have a chance to comment on them as well.
Once you have both had a chance to read each other's arguments and
make any comments, the Inspector will make a formal visit to the property - the
Site Inspection - after which he/she will make the decision.
2. Public Inquiry.
You are entitled to have your appeal heard in front of an Inspector
at a Public Inquiry. This is a more time consuming and potentially more costly
option, which may involve the use of professional advisors, although this is
not mandatory. Inquiries are usually held at a convenient location near to the
appeal site - perhaps at the Councils offices or other public building, church
or village hall etc.
The Inspector hears the case for both sides by evidence presented
to him verbally and in written form as 'proofs of evidence'. He will also hear
from any third parties that wish to express their views.
You will be entitled to ask questions of the Councils' witnesses
(cross-examine) and they will have the same right to cross-examine you and any
witnesses you may have supporting your arguments.
Once all the evidence is heard the Inspector will close the Inquiry
and make a formal site inspection as before. The Inspector will then write
their decision letter.
3. Informal Hearing
In some cases the Planning Inspectorate may suggest that the Inquiry
is carried out in a semi-public inquiry format known as an Informal Hearing.
In this case the appeal is conducted in the manner of a round table
discussion between the parties, under the control of the Inspector. Third
parties may also contribute.
Here again a site inspection will follow and a decision letter
issued subsequently.
It's Your Choice
The selection of the type of appeal will depend largely on the case
in question. A refusal of permission for your domestic porch extension may not
warrant a full-blown public inquiry. Equally a written representations appeal
may not be the best option if you wish to cross-examine the Council over their
particular approach in planning terms to your proposal.
The Planning Inspectorate will eventually determine the most
suitable method of appeal in your case. The appeal is most likely to proceed by
way of the written representations procedure unless it involves unusual
proposals/circumstances or points of law etc.
Your decision to appeal should be properly considered and not
rushed into lightly. Appeals can be expensive and in some cases costs may be
awarded.
If you act in an unreasonable manner (by for example, appealing a
patently hopeless case by way of a pubic inquiry, or causing the appeal hearing
to be delayed without good reason) then costs could be awarded against you at
the discretion of the Inspector.
Equally, the Local authority must conduct themselves
in an appropriate manner or costs could be awarded against them.
For more information on the Awarding of Costs go to [Costs]
More
information on appeals can be found at CONDUCTING APPEALS. NEXT