Planning Appeals.
If your planning application is refused, or if you disagree with one or more of the conditions attached to your planning permission, you have the right of appeal.
However, before deciding to appeal, you should look at the reasons for refusal. Contact the relevant planning team to see whether you can overcome the problem by changing your proposal. Often, if you change your proposal and apply again within one year of the refusal, you won’t have to pay a further fee. An appeal should only ever be a last resort.
For further information relating to planning appeals, please use the links below:
- When can I make an appeal?
- Who can appeal?
- Is there an deadline for making my appeal?
- How do I make my appeal?
- Who will deal with my appeal?
- How will my appeal be dealt with?
- How much will my appeal cost?
- Can I withdraw my appeal?
- After the appeal decision.
- The High Court.
- Further information and useful links.
You can make a planning appeal in the following circumstances:
- if you applied for planning permission and it was refused,
- permission was granted but with conditions you think are inappropriate,
- the Council has refused to approve the details of a scheme which has already been given outline permission,
- where the Council have approved the details of such a scheme but with conditions you think are inappropriate or unreasonable,
- where the council have refused your proposal to meet a condition or limitation on a planning permission,
- if the local authority hasn't given a decision on your application within the time allowed (normally eight weeks from when it accepts your application).
Only the applicant for permission can make an appeal. There is no right of appeal for interested people or organisations (known as 'third parties') in England and Wales. You can also appeal if the Council has served you with an Enforcement Notice; details of this are included within the enforcement section on the website
Anyone can make representations on an appeal, provided that these are made within the appropriate timescales. Further details of how to participate in the appeals process can be found in the Inspectorate guide to taking part in planning appeals.
Is there an deadline for making my appeal?
The deadline for submitting most types of planning appeal is six months from the date of the application decision letter, or six months from the date the decision should have been made. for householder appeals, the deadline for submitting an appeal is 12 weeks from the date of the decision letter, or 12 weeks from the date the decision should have been made.
If you do decide to make an appeal, you can find details on the reverse of the decision notice sent to you (or your agent). You can make your appeal online via the Planning Portal - the UK government's online planning and building regulations resource.
Alternatively, you can send your appeal to The Planning Inspectorate
Independent Planning Inspectors employed by the Planning Inspectorate and appointed by the Secretary of State deal with all planning appeals. They will have had no previous involvement with the planning application.
The Inspector will consider the proposal from scratch, looking at the same matters as the council. It is the Inspector's job to ensure that all relevant matters have been properly taken into account.
How will my appeal be dealt with?
Four out of five appeals are dealt with by Written Representations and are decided on the basis of written statements from you, the Council and any other third party interests. The Inspector will visit the site.
If you or the council wish to be heard by an Inspector, an Informal Hearing or a Public Local Inquiry will take place. A hearing is more relaxed and usually involves an open discussion led by the Inspector following written submissions. A Public Local Inquiry involves legal procedural rules, but you have the right to speak directly to the Inspector and challenge the evidence put forward by the council. The Inspector will in all cases visit the site.
Details and advice regarding the choice of procedure is provided by the Planning Inspectorate in their list of indicative criteria which shows whether an appeal is suitable to be decided following the written method, a hearing, or an inquiry.
The appeal process itself is free. However, you and the local planning authority normally have to pay your own expenses whether it is decided by the written procedure, a hearing or an inquiry.
The overall cost will depend on whether you employ professional advisers or representatives. Sometimes, one party may be required to pay the other party's costs as well as their own.
The Inspector will only do this if the person applying can show that the other side behaved unreasonably, and put them to unnecessary expense.
You can withdraw your appeal at any time before it is decided. You may want to do this if, for example, you and the Local Planning Authority (LPA) reach agreement and can sort out your differences without an appeal.
If you have any complaints or questions about the decision, or the way The Planning Inspectorate have handled the appeal you can write to:
The Planning Inspectorate Quality Assurance Unit
4/09 Kite Wing Temple Quay House
2 The Square Temple Quay
Bristol
BS1 6PN
Email: complaints@pins.gsi.gov.uk
They will investigate your complaint and you can expect a full reply within three weeks.
An Inspector decides the appeal on behalf of the Secretary of State (SoS). The appeal decision is in effect the SoS's decision, and the only way to challenge the it is through the High Court. To be successful, you would have to show that the SoS misinterpreted the law.
If your challenge is successful your appeal will be looked at again, but this doesn't necessarily mean that the original decision will be reversed.
Further Information and useful links
The Council produces a weekly appeals list that details appeals received and determined. Should you require further information or have questions about any aspect of planning appeals, please contact the appeals team by e-mail: planningappeals@eastdevon.gov.uk
The following links may be of assistance to you
Note: East Devon District Council accept no responsibility for the content of external web-sites.
