|
|
planning-applications.co.uk |
|
HOME PAGE | CONTENTS | APPEALS
CONDUCTING APPEALS
Before proceeding with your planning appeal,
please refer to the checklist to ensure that you have considered all the
options available to you.
IMPORTANT INFORMATION
Government Guidance on the conduct of planning appeals is contained
in "Circular 05/00: Planning Appeals: Procedures (including Inquiries into
Called-In Planning Applications", which consolidates previous Guidance for
The Guidance makes it clear that "before a disappointed
applicant for planning permission lodges an Appeal, there should be
consultation and negotiation. This may enable the applicant to submit a revised
proposal rather than resort to an Appeal. Difficulties can be more quickly and
cheaply resolved in this way than if an Appeal is made to the Secretary of
State. Appeals should only be made when all else has failed."
"Potential appellants should be aware that it is for
the Inspector or the Secretary of State to review the planning arguments and to
reach a decision in accordance with planning policy and the merits of the
proposal. They should carefully assess the merits of their case and the
prospects of success objectively, together with the costs they are likely to
incur, and the time needed to pursue an Appeal. Careful study of the policy
background, principally in development plans, planning policy guidance notes
and departmental circulars is essential. Clearly stated policies endorsed
through the development plan system and which remain relevant to the case will
not be set aside lightly."
It is clear, therefore, that the Appeal process is an option of
last resort and you should be certain in your decision to proceed, having
considered all available options.
PLANNING APPEALS GENERAL INFORMATION
It is strongly recommended that before
you submit any Appeal that you do take professional advice, both in order to
ensure that your Appeal is correctly constructed, but also to avoid the
potential risk of costs.
Appeals must be submitted to the
Planning Inspectorate within 6 months of the date of the Council’s Decision
Notice, or alternatively within 6 months of the date on which the Council
should have given their decision, subject to any agreed extension of time.
The Appeal form must be completed
fully including all relevant grounds of appeal and should be accompanied by
copies of all the following documents:-
Ř The Planning
Application Form
Ř Certificates, Notices
and Plans
Ř Relevant correspondence
Ř The Decision Notice
Where planning permission has been refused, the grounds of appeal
should explain why the Appellant disagrees with each of the Local Authority’s
reasons for refusal. It is not merely sufficient to disagree with the Council’s
reasoning; you must indicate why you think they are wrong.
A checklist for appellants as well as guidance on Appeals is
provided in the Planning Inspectorate’s booklet "A Guide to Planning
Appeals" which is available from the Planning
Inspectorate.
Once completed, you must send the Appeal form and accompanying
documents to the Planning Inspectorate with a copy of the Appeal form and
relevant documents direct to the Local Planning Authority. It is important that
this is done because any failure to submit an Appeal form on both the Planning
Inspectorate and the Local Planning Authority may not be accepted as being
validly made.
METHODS OF APPEAL
There are three means by which your Appeal can be dealt with. These
are as follows:-
1 Written Representations
2 Hearings
3 Public Inquiries
The majority of Appeals are handled by way of Written
Representations although you are fully entitled to request a Hearing or Public
Inquiry. However, you should be careful in the procedure you choose in order to
avoid the possibility of incurring either the Council or others in unnecessary
additional expenditure which may attract an application for costs.
A Public Inquiry into a simple refusal may be appropriate in some
circumstances, but Public Inquiries should not be selected without considerable
forethought. If you feel that there is still a need to debate the matter before
the Inspector rather than in writing, a Hearing may be a useful alternative.
WRITTEN REPRESENTATIONS
The Guidance notes that this is by far the most common procedure
and normally offers the quickest, simplest and cheapest way of deciding
Appeals.
On average, Hearing Appeals tend to take half as long again and
Inquiry Appeals twice as long as Written Representation Appeals.
A Written Representations Appeal is essentially an exchange of
evidence in writing, which the Inspector then receives and considers prior to
making his formal determination. A site inspection will take place once both
you and the Local Authority have considered each other’s evidence and the
Inspector’s decision letter will follow shortly thereafter.
HEARINGS
A Hearing Appeal enables both parties to present their case fully
and fairly in a less formal atmosphere than a Public Inquiry and usually takes
the form of a round table discussion led by the Inspector.
There is no formal cross-examination or advocacy, so individuals
may feel more inclined to represent themselves rather than take on professional
advisors.
Although you may request a Hearing Appeal, this may be considered
unacceptable if the nature of the Appeal is likely to attract wider public
interest or where formal cross-examination is required.
PUBLIC INQUIRY
Both the Appellant and the Local Authority may exercise their right
to be heard at a Local Inquiry. Although you may have sought an Appeal by
Written Representations or Hearing Appeal, the Local Authority do have the
right to require a Public Inquiry, although this should not be requested
frivolously on their part (see costs).
Click
below on the relevant Link for the method of Appeal you wish to use.