Introduction
The council always gives written reasons for refusing
permission. If we refuse your application outright, or if you do
not get a decision within 8 weeks you have the right to
appeal.
If you appeal, the application will be out of the council's hands
and it could take some time, so discuss the situation before doing
so.
An independent Planning Inspector, appointed by the Planning
Inspectorate considers appeals. Appeals can either be dealt with in
writing or at an informal hearing before an Inspector
or a few significant appeals need a public inquiry. The
Planning Inspectorate will determine the best route of appeal for
for the case, however you can state a preference when submitted
your appeal. Further details are contained with the booklet
"Procedural Guidance Planning appeals and called-in planning
applications" produced by the Inspectorate available by following
the link in the Guidance section below.
Appeals are dealt with purely on their merits and do not deal
with the process or procedure of how your application has been
determined.
Householder Appeals
Under the new regulations Householder Appeals will be dealt with
by a fast-track system known as the Householder Appeals Service
(HAS). The Householder Appeals Service is intended to be operated
by the Planning Inspectorate as an electronic service. It will use
only the material which was before the local planning authority
when it made its decision, and which is included in its
questionnaire, and the full grounds of appeal set out by the
appellant on the appeal form. There will be no further opportunity
for anyone to submit representations unless further information is
requested by the Inspector. All householder appeals must be
submitted to the Planning Inspectorate within
12 weeks of the decision of the local planning authority
or their failure to determine the application. There is no
charge for making an appeal but you will inevitably incur some
expenses depending on the procedure followed, the complexity of the
case and any professional or legal advice you seek.
Other Appeals
Other appeals must be submitted within 6 months (8 weeks
for advertisements) of the decision of the local planning authority
or their failure to determine the application. This will give
you time to sort out whether you can overcome the council's
objections by negotiation or by amending your proposal. That is up
to you. There is no charge for making an appeal but you
will inevitably incur some expenses depending on the procedure
followed, the complexity of the case and any professional or legal
advice you seek.
Submitting an Appeal
Forms are available from the Planning Inspectorate.
Go
to the Planing Inspectorate website. You can also submit
appeals and comments on appeals online and search specific appeal
cases at the Planning
Casework Service of the Planning Portal
Further information is given in the booklets "How to Complete
your Planning Appeal Form" and "Procedural Guidance Planning
appeals and called-in planning applications" published by the
Planning Inspectorate.
Guidance
The Planning Inspectorate has published guidance notes, which
can be obtained by clicking the links below:
Planning
Appeals Written Representation Procedure 
(111K)
Planning
Appeals Informal Hearing Procedure (104K)
Planning
Appeals Public Inquiry Procedure (106K)
View "How to
Complete your Planning Appeal Form" booklet (127K)
View
"Procedural Guidance Planning appeals and called-in planning
applications" (779K)
People can apply for costs if the other parties have been
"unreasonable" and it can be shown that the costs incurred were
unnecessary. Costs are not awarded on the basis of who "wins" the
appeal. Under the 2009 changes a claim for costs can be submitted
on all modes of appeal. Cost awards are explained in Planning
Circular 03/09.
View Circular 03/09
(335K)
Current Appeals
View
a list of planning and enforcement appeals currently being
considered on the search and view current appeals link
View Archive Planning Appeals
