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Applicants can appeal against a planning decision made by
the Council, and those who have received an enforcement notice may
also appeal. Such appeals are dealt with by the
Planning
Inspectorate in Bristol
Details of how to make an appeal are included in decision and
enforcement notices issued by the Council and if the applicant is
unhappy with a decision made by Tendring District Council Planning
Department they can appeal directly to the
Planning
Inspectorate.
Changes to Householder Appeals (against
decision) for applications received on or after 6th April
2009)
Link to Planning
Inspectorate
The following link will enable you to print off the forms
required to appeal or even
submit your appeal online.
This needs to be done within the following timescales:
Planning Appeals - within 6 months of the decision date (or 12
weeks if a householder application received on or after 6th April
2009)
Advertisements - within 8 weeks of the date of the decision
Listed Building & Conservation Area Consent Appeals - within
6 months of the decision date
Enforcement Appeals - within 28 days of receipt of the notice or
by the date the Enforcement Notice takes effect
Tree Preservation Appeals - within 2 months of the date of the
decision
There are 3 ways an Appeal can be dealt with by
the Planning Inspectorate
Written Representation:This is the most common
way of dealing with appeals. The Appellant and the Council will
each prepare a written statement explaining their case. These are
considered by a Planning Inspector who will also visit the
site.
Informal Hearing: This is an informal round
table discussion involving the Planning Inspector, the Appellant
and a Council Officer. Sometimes third parties may be able to have
their say as well.
Public Inquiry:This is a more formal process
whereby each side present evidence to a Planning Inspector. Often
each side is legally represented and witnesses will be
cross-examined on their evidence. Again third parties may
participate.
Appeal Decisions
Generally the Planning Inspector will either allow the appeal
thereby overturning the Council's decision or will dismiss it and
so confirm the Council's decision. Very rarely either party may
contest the Planning Inspector's decision by appealing to the High
Court on a point of law. At the present time third parties (e.g.
neighbours) are not allowed to make an appeal against a planning
decision. However, if your home is likely to be directly affected
by a development that is subject to an appeal then the Council will
write to you advising how you may make your concerns known directly
to the Planning Inspectorate.
The following link will enable you to track an appeal providing
you have the case reference number available.
Planning Portal appeals pages
You can also see details of planning appeals using our
Planning Public Access
Other Useful Website Links:
Guidance for the General Public
Guidance for Planning Professionals
Our contact details:
Appeals Admin Assistant ; Miss W Townsend
E-Mail:
appeals.planningservices@tendringdc.gov.uk
Tel: 01255 686128 |