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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.

CHECKLIST

 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 England.

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.

WRITTEN REPRESENTATIONS

HEARING APPEAL

PUBLIC INQUIRY

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