The Appeal

In most instances the appeal occurs because the local council ‘refused’ planning permission.  However, appeals can also occur for other reasons:-

1. The permission was ‘granted’ but the developer is not satisfied with conditions that have been placed on that permission
2. The council spent too long deliberating the planning application – The developer can go to appeal and may be guaranteed a positive result at appeal

To form an appeal the developer will submit a document called the ‘Grounds of Appeal’ (GoA) to the Planning Inspectorate within 6 months of the local council decision. The GoA will set out the developer’s case for the local council planning decision to be changed.

In registering the appeal the Planning Inspectorate will liaise with the developer and the council to decide which of 4 administrative processes will be used to decide the appeal. These are a summarised as follows:

1. Householder – Limited to small extensions and minor changes to existing residential properties. No new objections are accepted within this process. The council will provide copies of all the objection letters they received during the local stage to the Planning Inspector. The Planning Inspector will review the objection letters again along with the planning officer’s report to confirm or change the local decision

1. Written – A period of 28 days for written objections will be allowed.  The Inspector will visit the site accompanied by representatives of the council (usually the planning officer) and the developer.  The inspector may ask questions of the developer or the council before or after the site visit before making the decision

1. Hearing - A period of 28 days for written objections will be allowed. Once the inspector has identified the key issues upon which the decision rests a meeting will be arranged where the Planning Inspector chairs a “structured conversation” with the council and the developer.  This could proceed in a variety of formats depending upon the specific planning issues and the preferences of the Planning Inspector. The public are invited to attend the meeting and are also able to make oral presentations. The Inspector will visit the site accompanied by representatives of the council and the developer and also some representatives from the public may attend “to observe”. The inspector may then discuss any further details with the developer and the council before making a final decision

1. Inquiry - A period of 28 days for written objections will be allowed. The process is very similar to a hearing except that the meeting is attended by barristers that represent the council and the developer. The meeting is very formal and follows a strict format & agenda. Inquires tend to be used when the issues to hand are complex or may be subject to legal interpretations of the law, or the wording of a previous planning appeal that may have been decided many years ago..

The administrative process that is selected will depend on the size/complexity of the planning application; along with the complexity/contentiousness of the various issues that impact the planning decision.

Generally, developers will try to opt for the least complex and lowest cost option as this will also be the quickest. The council is likely to be more pragmatic balancing the relative cost of each process against the complexity of the issues involved. Ultimately it is the Planning Inspector that decides which process is to be utilised.

Introduction to the planning appeal process

Cont..

Disclaimer

The information and opinions within this site are for information purposes only. They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Local Planning Apps shall accept no responsibility for any errors, omissions or misleading statements on this site or for any loss which may arise from reliance on information contained within this site. No mention of any products, shall imply any approval or warranty as to the standing and capability of any such products on the part of Local Planning Apps or its clients.

© Copyright Geoff James 2016

.  

Copyright © 2016 All rights reserved. Created by Geoff James | Terms of use  |  Privacy& Data Protection policy

Planning reports for the area you care about - at your fingertips!!

Local Planning Apps >>Knowledge<<