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Planning and Enforcement Appeals

Last Modified April 16, 2013
 

Planning appeal

We aim to make a decision on planning applications within eight weeks for a minor application, or 13 weeks for a major application. If we do not meet these timescales, you can appeal against non-determination. If we refuse planning permission we will always tell you our reasons why and this is normally set out in your decision notice. If you do not agree with our decision you can appeal.

Appeals are lodged with the Planning Inspectorate and not with us and are considered by an independent planning inspector. You can submit an appeal online. Most appeals are conducted in writing, although some are decided by a hearing or public enquiry. 

Further information is in the booklet Planning Appeals – A Guide from the Planning Inspectorate

Please be advised that there is no right to 'third parties' (e.g. objectors to the proposed development) to appeal the our decision.

Enforcement appeal

There are many different grounds on which an enforcement appeal can be made. More information on Enforcement Appeals can be found on the planning portal.

Is there a time limit?

 

For all non-householder applications (e.g. change of use, erection of a new property)  you must submit your appeal to the Planning Inspectorate within six months of our decision or, if one has not been given, six months from the date the decision should have been made. This allows you time to enter into discussions with us to find out whether the reason(s) for refusal can be overcome by amending the proposals you originally put forward.

For householder applications (e.g. extension or alteration to your property) you must submit your appeal within 12 weeks of our decision or, if one has not been given, within 12 weeks from when the decision should have been made.

If there is an outstanding Enforcement Notice on the site for a development which is the same, or substantially the same as the refused proposed then shorter timescales for the appeal will apply. This will be detailed on the Decision Notice which sets out the reasons why your application has been refused.

How much does an appeal cost?

There is no charge for making an appeal but you are likely to incur expenses depending on the procedure followed (e.g written representation, hearing or public inquiry), the complexity of the case and any professional or legal advice you seek.

You can apply for costs at an appeal if it can be shown that the costs incurred were unnecessary. Costs are not awarded on who wins the appeal. Further information can be found by visiting the Planning Inspectorate.

Details about appeals that have been considered or are under consideration in our borough can be found using Planning Application Search of Planning Portal.

Making representations

If you originally made a representation on the application which is the subject of an appeal (either supporting or objecting to it) these views will be forwarded to the Planning Inspectorate so they can take them into account when dealing with the appeal. You can also make representations to the Planning Inspectorate direct.

In the case of a householder application where an appeal has been made to the Planning Inspector, any representations made about the application will be passed on. However, there will be no opportunity to make further representations to us once an appeal has been lodged.

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