Appeals
The applicant may appeal a planning decision of the local planning authority where it has
- refused permission
- granted permission with conditions or
- has not made a decision within the requisite timescales.
An appeal may be written, by an informal hearing or by a public inquiry. The Secretary of State (the planning Inspectorate) determines the mode of determination.
A planning decision may be challenged only on very limited grounds by judicial review .
The Secretary of State may deal with the application as if made to it in the first Instance. He/ she may allow the appeal dismiss the appeal or allow or dismiss it in part.
Most appeals are heard by a planning inspector appointed by the Secretary of State. Planning practice on appeals and the planning Inspectorate’s procedural guides have been published .
The guidance advises applicants and the authority to participate in constructive discussions in order to resolve issues and avoid an appeal .
The planning Inspectorate must receive the appeal
- within 12 weeks from the date of decision for minor commercial development or residential planning application
- eight weeks from the decision for advertising consents
- six months from the decision or the expiry period for LPA determination for other applications and listed building consent
The local planning authority will respond to the application. It should liaise where necessary with the applicant. It is to notify the statutory consulted entities who may be affected by the decision and those who have made representations in relation to the matter.
Those parties are to be advised that they have five weeks to make further representations to the Planning Inspectorate. The local planning authority is to notify those parties of the date time and venue of an enquiry once confirmed
Pre-Enquiry
The appellant includes the particulars in his statement of the case. There is a standard form questionnaire which the local planning authority must submit to the Planning Inspectorate with details of the planning application and the manner in which it has dealt with it
The applicant must draft a statement of common grounds within five weeks of the initial letter.This is to include information about the site and matters which are agreed such as conditions may be included
Within four weeks before the inquiry, the authority the applicant and certain other third parties who may be involved must submit copies of their proof of evidence . This is to contain the full evidence to be relied on. It may be the subject of cross-examination . If it exceeds 1500 words it is to be the subject of a summary
If the enquiry is expected to last more than eight days and the inspector considers it necessary, a pre-enquiry meeting is held . assist in the preparation of the enquiry and set out the process to be followed . Where the enquiry is expected to last for three days or more the inspector may invite the parties to agree a programme for the enquiry .
If planning obligations are to be entered it is to be drafted and submitted at least 10 days before the hearing and a final copy must be provided at the hearing
Enquiry & Decision
The inspector conducts and guides the inquiry hearing. The inspector decides the matter on the basis of evidence heard
The inspector may attend the site unaccompanied prior to the start of the enquiry to familiarise himself with the key issues and the matters concerned. During the enquiry, an adjournment or accompanied site visits, the parties may not discuss the merits of the matter introduce further evidence
There is generally opening and closing statements . The appellant has a final reply .
The may be witnesses who give verbal witness statements and are cross-examined. Persons other than experts may be examined on oath
The inspector may award costs in a planning enquiry. They will only be awarded against a party if it his actions are deemed unreasonable or unnecessary
The inspector should make his decision as soon as possible. A timescale should be indicated at the end of the enquiry .
There is a further appeal to the court on very narrow grounds only
