If you seek planning permission for development and your application either is not decided within a set period or is refused or granted subject to conditions with which you disagree then you can exercise a statutory right of appeal.
Differing time limits for bringing your appeal apply depending upon the type of appeal and also the form of development. Unless an enforcement notice has been served for the same or very similar development within the previous 2 years, the time limit is 6 months unless it relates to householder development where the time limit is 12 weeks. There are exceptions to these rules however, so it is important to check. Please note that enforcement appeals are subject to a different time limit; please refer to our enforcement notice page for further information.
Appeals are administered by the Planning Inspectorate and, except in certain circumstances appeals are determined by Inspectors appointed by the Secretary of State for this purpose.
Appeals are determined either by way of written representations, informal hearing or public inquiries. Under s319A Town and Country Planning Act 1990, it is the responsibility of the Planning Inspectorate to determine the appropriate method for dealing with an appeal. Appeals are usually dealt with by way of written representations where the grounds of appeal and issues raised can be clearly understood from the appeal documents plus a site inspection; the Inspector should not need to test the evidence by questioning or to clarify any other matters; and an environmental impact assessment (EIA) is either not required or the EIA is not in dispute. If the criteria for written representations are not met because questions need to be asked, but there is no need for evidence to be tested by formal cross-examination and the issues do not require legal or other submissions to be made then a hearing may be more appropriate. If the criteria for written representations and hearings are not met then the most appropriate procedure would be a local inquiry.
The submission of appeal documentation throughout the appeal process is also governed by strict timetable. If you miss a deadline, then do not be surprised to receive your submitted documents back with a note to explain that it was received out of time and therefore cannot be taken into account.
We are able to advise on appeal strategy and work with you to bring together the professionals and witnesses necessary to present your appeal in the best possible way. In the case of appeals being dealt with by way of a public inquiry, we can appear as the advocate or alternatively instruct Counsel depending upon your preference.
We also work with third parties to ensure that their representations concerning appeal proposals are taken into account, either through further submissions or, in the case of public inquiries, by their becoming an official party to the proceedings.
Please call us on 01252 617119 to find out how we can assist you.