Once an Applicant receives a planning decision it is down to them to appeal against the decision. The following blog provides a brief guide on how to challenge a planning decision.
An Appeal against a refusal will be heard and decided by a Planning Inspector. An Appeal must be submitted by the Applicant, this means that there is no third-party right of appeal for other people who disagree with the local council’s decision.
You are entitled to appeal a decision if either:
you disagree with it; and
the decision was not made within statutory time period.
If you disagree with the decision you must appeal within six months of the date of the decision notice from your local planning authority, OR if your entreaty is a householder petition the period is twelve weeks.
There are three distinct courses of action:
Written Representations – with this procedure the Planning Inspector will consider written evidence submitted by the Applicant, the Local Planning Authority and third parties whom have an interest in the Appeal. The evidence usually takes the form of a written statement of case by the main parties to the case.
Informal Hearing – this course of action takes the form of a round-table type of discussion, led by the Planning Inspector. It is intended to be a more informal process and gives all parties the chance to respond to any questions that the Planning Inspector may have and to give everyone a chance to make their case known.
Public Enquiries – a Public Enquiry is the most formal procedure out of the three and is usually used for the most complex of cases where legal issues may need to be considered. The main parties will all be present and able to represent their case; this process is also the only course of action that allows parties to cross-examine any witnesses.
Here at the Planning Helpline we deal with all courses of appeal. The Appeal process can present legal and procedural issues, it is therefore always advisable to seek professional legal advice. Call us now on 0345 222 8515 to book in your FREE no obligatory consultation, or alternatively you can get in contact by emailing us at email@example.com
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