If your planning application is refused, then you have the right to appeal this decision. Appeals can also be lodged in other circumstances, the most relevant being:
- Where the council has served an enforcement notice (see section on sites without planning permission);
- Where an application is granted subject to conditions the applicant considers unreasonable;
- Where the application is not decided within the time allowed - 8 weeks from receipt of the application and for the discharge of planning conditions. Generally, if you are considering lodging such an appeal against non-determination, i.e. a lack of decision within the statutory/agreed period, it is worthwhile contacting the officer dealing with the application to find out the cause of the delay and whether it can be resolved without needing to go to appeal;
- Where there is a dispute between the applicant and the LPA, whether sufficient information has been supplied to register and determine a planning application.
Only the person who made the application can appeal, but others can comment on an appeal.
Pay close attention to the time limits for an appeal. For most appeals this is 6 months from the date of the decision (or from when a decision should have been made). For enforcement appeals the time limits are shorter.
Planning appeals are dealt with by the Planning Inspectorate, an independent government agency which has been set up to deal with planning appeals and related matters. Further information on planning appeals can be accessed from the Planning Inspectorate’s Planning Appeals website. It is important to understand the Planning Inspector who will decide your appeal does not work for the council and does not have any connections with the local area that would lead them to act unfairly when looking at your case.
There are three procedures that an appeal can follow, written representations, a hearing, or an inquiry.
Written representations
In a written representations appeal the Planning Inspector will decide the appeal based on the written statements provided by the appellant (i.e. the person who has made the appeal), the LPA and any other people who are interested. The Inspector will also carry out a site visit. This procedure is probably the quickest way of getting a decision in cases where the issues are not too complex.
An informal hearing
An informal hearing involves a structured discussion led by the Planning Inspector. It is how many Gypsy and Traveller appeals are heard. Written evidence is submitted in advance for the Inspector to consider. The LPA are responsible for arranging a suitable venue for the hearing to take place (usually in a council building but sometimes in halls, hotels, schools, theatres etc.). On the day, the Inspector sits at the top of the table and the appellant (and their representatives) and the LPA sit on opposite sides of the table. Supporters or objectors are able to sit in the room and take part in the process.
The Inspector identifies the issues for discussion based on the evidence received and any representations made. They will identify main issues that are broadly based around the council’s objection. After this, considerations such as the unmet need for sites, lack of alternatives, personal circumstances, Human Rights and Equalities. Each subject will be discussed in turn. If you have a planning consultant, then their job is to do all the talking on the day. You may also have other experts with you to deal with specific issues such as highways or landscape. This does not mean that you are unable to contribute to the discussion. If personal circumstances are an issue in your case, then it would be good at this point in the hearing to answer any questions that the Inspector might have. Sometimes this includes some sensitive subjects and you are able to ask the Inspector if members of the public could leave the room (some Inspectors may say no to this). Most hearings will only last one day, and at the end of the day the Inspector will carry out a site visit with the council. You have the option of not allowing members of public on your land.
A public inquiry
A public inquiry is the most formal appeal procedure. Although it is not a court of law, the process will often seem to be quite similar. Generally, the appellant and the council will be represented by lawyers and cross-examination of witnesses takes place. This procedure is generally reserved for the most controversial or complex cases, ones where there are legal issues or ones, such as enforcement appeals, where evidence needs to be given on oath.
Public inquiries can last for a number of days, and due to the need to hire a lawyer can be significantly more expensive than an informal hearing.