What is a planning appeal?
A planning appeal is the challenge of a decision of a Local Planning Authority. It can also be where a Council fails to decide an application.
The most common types of planning appeal are to challenge a refusal of planning permission for full or a householder application. Challenges can also be made to conditions added to an approval, enforcement appeals, listed building consent appeals and advertisement appeals.
Where is a planning appeal submitted To?
Planning Appeals are submitted to the relevant Government organisation which are independent of the local Council. This is different for each country in the UK:
England – The Planning Inspectorate which is based in Bristol
Wales, The Planning and Environment Decisions Wales (PEDW) which is based in Cardiff
Scotland, the Scottish Government Directorate for Planning and Environmental Appeals (DPEA), based in Edinburgh
Northern Ireland, the Planning Appeals Commission (PAC)
When can you appeal a planning decision?
An appeal against a planning decision needs to be submitted within 6 months of a full planning application refusal or 12 weeks from the determination of a householder application. You can appeal a planning decision once the decision has been made or after a specified period if the Council fails to make a decision. The rules are different for advertisement applications and enforcement so appropriate advice should be sought in each case.
Who can appeal planning decision?
Only the original applicant or someone acting on their behalf can appeal a planning decision. There is currently no third-party right of appeal, although in certain circumstances third parties can comment.
What are the different types of Planning Appeal?
The most common type is against the refusal of planning permission (including for householder planning applications). Other types of planning appeals include lawful development certificate appeals, enforcement appeals, and listed building appeal.
How are appeals dealt with?
Written Representations, Hearings and Local Inquiries. Most planning appeals are submitted to the Planning Inspectorate via written representation and involve the appellant (the person making the appeal) and the Local Planning Authority (e.g. the Council) writing statements and providing justification for their position. The Inspector reviews these as part of the appeal decision procedure.
What is the planning appeal process?
Firstly the applicant who is appealing (the appellant) challenges the decision or failure to make a decision, of the Council.
A statement, a ‘Grounds of Appeal Statement’ or ‘Statement of Case’, setting out the planning arguments and justification is developed and submitted to the Planning Inspectorate along with supporting information and forms. Copies of the appeal are also sent to the relevant Local Planning Authority.
The Planning Inspectorate will then allocate a Planning Inspector who will consider the appeal, including the documents. They may undertake a site visit to view understand the context.
A formal decision will be issued confirming whether the appeal is allowed or dismissed. It will provide comments, justifications, and reasons.
The above planning appeal process differs for householder appeals, hearings, and inquiries.