Benson Planning Studio has considerable experience of dealing with all types of planning appeals and is able to provide you with professional advice to help inform the choices available to you. We can provide a comprehensive service to prepare and submit appeals on your behalf. We will be able to advise the best course of action which will be dependant on the nature of the case.
Planning appeals are made against the decision of the Local Planning Authority (LPA) to refuse planning permission and also against Enforcement Action.
On rare occasions appeals are madeagainst non-determination, where the LPA has failed to determine the application within the statutory time period (i.e. 8 weeks for minor and 13 weeks for major proposals). Only the person who made the planning application has the right to appeal.
The appeal is made to the Planning Inspectorate, a Government body based in Bristol and can be dealt with in the following ways depending on the scale and type of development proposed:
• Householder Appeals Service
• Written Representation
• Informal Hearing
• Public Inquiry
For all appeals, the appeal submission must be made within six months of the LPA’s decision notice or within six months of the end of the decision period if the LPA have not made a decision. Where there is an enforcement notice on the site for the same or similar development, the appeal period may be reduced to 28 days.
Householder Appeals Service:
In April 2009 a new and more efficient appeal procedure for householder appeals was created. The Householder Appeals Service (HAS) is suitable for appeals against refusals on householder applications. All such appeals must proceed by way of written representation. You must however appeal within 12 weeks of the decision. A key difference of the HAS is that third parties and any consultees will not have the opportunity to comment at the appeal stage. All comments made at the application stage will be carried forward and considered by the Inspector.
This is the most popular method of appealing. Here, the Inspector considers written evidence from the appellant, the LPA and anyone else that has an interest in the appeal. The Inspector will also likely make a site visit. If the site can be viewed from a public road this will often be unaccompanied. Sometimes, both the appellant and the LPA’s representative will need to be present during the site inspection. This is known as an accompanied site inspection and generally occurs when access to a property is needed.
How long does it take?
There is no statutory time frame for determining planning appeals and this can vary considerably depending on the type of appeal that has been chosen and the complexity of the proposal. Typically, 80% of HAS appeals should be decided within 8 weeks. Written representations are the next quickest followed by Informal Hearings and Public Inquiries. However, given the high volume of appeals, the Planning Inspectorate can take many months to determine appeals and specialised appeals involving Listed Buildings, Conservation and Enforcement can take many months.
Award of Costs
All parties to an appeal normally meet their own expenses. However, an application for costs can be made where one party or side claims it has been caused unnecessary expense in dealing with the proceedings, because of the other side’s unreasonable behaviour.
In some instances, appeals are not dealt with by the Planning Inspectorate and they can be dealt with by the Magistrate Court. This is most common with Enforcement related matters