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Appear at planning appeal hearing
Once a planning application has been determined by the planning authority the
applicant can appeal against the decision. This is more likely to happen in
respect of a refusal but could also be against a specific condition of an
approval.
An appeal can only be submitted within 6 months of the planning decision date.
Only the applicant can instigate an appeal as the third parties have no rights
in the process.
The relevant body dealing with appeals is the Planning Inspectorate who will
appoint a suitably qualified independent Inspector (Reporter in Scotland) to
deal with the case.
An appeal can be dealt with by:
Written submissions
An informal hearing
A formal inquiry
The choice is effectively determined by the Planning Inspectorate and much
depends on the complexity of the case.
In each case, if you were registered as an objector to the original planning
application, you should be notified of the appeal by the planning authority.
However in our experience this system can sometimes go awry, so beware!
More information about the appeal process can be found on the Planning
Inspectorate website but basically you will be entitled to re-run your
objection.
If it is a hearing or an inquiry you may possibly be able to appear before the
Inspector to present your case verbally but this will then expose you to
questions/cross examination.
Do not be deterred by the legal nature of the appeal process, particularly
hearings, as Inspectors are required to deal with inexperienced objectors as
fairly as possible.
You can, albeit at your own cost, instruct a suitably qualified professional
relevant to the issue to represent you or make the written submission.
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