Planning appeals
If a planning authority refuses planning consent (or includes planning
conditions unacceptable to the applicant) an appeal can then be
submitted against the decision to the Planning Inspectorate by the
applicant. The appeal must be lodged within three months of the
date of refusal (or six months for planning applications submitted
before 3 September 2003). The submissions have to meet the prescribed
time limits strictly otherwise they will not be accepted by the
Inspectorate and the right to involvement in the appeal process will
terminate.
Only the original applicant or representative agents can submit an
appeal, there are no third party right of appeal (this is now being
considered in Scotland). However, objectors to the original planning
application should be notified of the appeal by the local planning
authority and have the option of requesting the planning inspector to
consider their original comments or of re-submitting these within the
set time limits. Submissions must be related solely to the planning
system and are available to all parties involved in the appeal and to
the media if they decide to cover the appeal.
The appeals process
Once it has accepted that the appeal is valid, the Planning
Inspectorate can take the matter forward by one of three different
methods:
- Written representations: the whole appeal process including all
valid objections is dealt with by exchange of paperwork.
- Informal hearing: after the initial submissions and objections,
the appointed planning inspector sets a date when all the parties
are invited to attend, present their cases and to discuss the
evidence of other parties. The inspector has powers to vary the
process at the hearing and will endeavour to maintain a relaxed and
informal procedure. This process should normally take a day or two.
The hearing will, where practical, be held at a venue close to the
appeal site.
- Formal inquiry: generally used where the Inspectorate believe
that the appeal relates to more complex issues and has generated a
lot of local interest. It involves cross-examination of witnesses
and legal representation of some or all of the parties involved. The
Planning Inspectorate usually pre-set a specified period of time
that may be a week or more for the hearing and appoint a clerk to
assist the inspector. The inquiry is likely to be at suitable
premises local to the appeal site, quite often at the council’s
offices.
It is possible as an objector to be professionally represented at
the inquiry and to call expert witnesses provided that this has been
notified to the Inspectorate at an early stage. In the case of there
being a number of separate objectors all covering identical ground, it
is advisable to combine efforts at the inquiry by organising one
person to speak on behalf of the group.
At some stage, the appointed inspector will visit the application
site. He/she can do this alone but may invite relevant parties to
accompany this site visit. It should be noted that the inspector will
ensure that no new evidence can be accepted at this stage and
therefore whilst sometimes objectors may be invited to attend, they
will not be able to discuss the case and can only point out relevant
facts and features.
The inspector’s decision will be set out in a letter, which should
contain justification of his/her thought process in reaching the
determination. When submitting your initial comments, you must ask the
Inspectorate if you want to receive a copy of the inspector’s
decision.
The Planning Inspectorate is under pressure from the Government to
speed up appeals. However, more complicated appeals can take a long
time to conclude and in the our current experience, notwithstanding
government guidelines, the process takes 4 -18 months from the date
that the appeal is lodged to determination.
Although not often the case, it should also be borne in mind that the
Inspector can award costs against any party relating to spurious
submissions or unreasonable behaviour.
The Planning Inspectorate is impartial and unbiased, the appointed
Inspector reaches a decision by considering the evidence submitted,
planning law and precedents, the local development plan policies and
appropriate Government policies. In the unlikely event of the
inspector conducting the appeal process inadequately, or exceeding
his/her powers, it may be possible for either the appellant, the local
planning authority or an objector to apply to the High Court for a
judicial review of the decision. However, this can be an expensive
process and will almost inevitably involve legal representation
including a barrister.
Public inquiries
All local development plans together with transport, and other
proposals of wider local or national significance are subject to
extensive periods of consultation (often on more than one occasion)
during which anybody can make written representations or submissions,
subject to these meeting the prescribed format and complying with the
specified time limits (see sections on the
Planning system).
Development plans set planning policy for an area for many years to
come. It is important to challenge any proposal that might affect you
in the future at this level, as once it is in the adopted development
plan, it is almost impossible to overturn a policy or a land
allocation and more difficult to influence the detail of a later
planning application complying with the plan.
After the consultation stages have passed, it is usual for a public
inquiry to be set up at which the issues are further examined in
detail before one or more inspectors. People who have objected to the
original wording are usually entitled to appear in person or to be
represented at this inquiry if their objection is still outstanding.
The inquiry process is similar to a formal planning inquiry, as
outlined above.
Find out more
- The Planning Inspectorate provide
guidance to taking part in planning appeals.
- The Royal Town Planning Institute may provide free and independent
advice on planning issues to people who cannot afford
consultancy fees. Contact 0121 693 1201 or click
here to send an email.
Related sections
Disclaimer.
This information is based on the experiences of the
Woodland Trust and Ancient Tree Forum in dealing with cases of woods
and trees under threat. While its content is intended to broaden
understanding of the process, the Woodland Trust and Ancient Tree
Forum do not accept liability for any errors or omissions or for any
loss arising from use of the information contained herein by other
parties. In any circumstances outside the knowledge and competence of
an individual, he or she should always seek advice from an appropriate
qualified professional such as a surveyor or solicitor depending on
the case. None of the information on this web-page is to be relied
upon as a statement of fact.
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