Planning Appeals

What if your application is refused or delayed?

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 (13 weeks for major applications), 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 and take about 18 weeks or you can opt for an informal hearing before an Inspector; this type of appeal usually about 24 weeks.

A few significant appeals need a public inquiry which takes about 40 weeks.

Further information is given in the booklet "Planning Appeals - A Guide", from the Planning Inspectorate.and you can see this at http://www.planning-inspectorate.gov.uk/

Appeals are dealt with purely on their merits. About one third of the appeals for business development are successful.

You must submit your appeal to the Planning Inspectorate within six months of Council's decision or, if one has not been given, six months from the date the decision should have been made. 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.

People can apply for costs in an inquiry or hearing 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. Cost awards are explained the a booklet "Costs Awards in Planning Appeals: A Guide for Appellants" from http://www.planning-inspectorate.gov.uk/

Problems with the Building Regulations? Discuss it with Building Control at an early stage.