How Appeals are dealt with and their decisions

The Planning appeals process is designed for anyone who has applied to their council for planning permission, but is unhappy with the resulting decision, or the lack of a decision (which should normally be made within 8 weeks).

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 presents 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 which are made by the Planning Inspector:

Allowed - If an appeal is allowed, this overturns the Council's decision and the proposal is approved.

Dismissed - If an appeal is dismissed, it confirms the Council's decision to refuse the application.

Appeal to High Court - Either party may contest the Planning Inspector's decision by appealing to the High Court on a point of law.
 

Last updated on: 26/11/2015 - 11:05