Appeals

If an applicant remains aggrieved by the decision of the Council, then they may appeal to the Office of the Department of Community and Local Government within six months of the date of the decision notice. An applicant can also appeal if an application is not determined within the designated time scale or against a condition that the Council has imposed. Only an applicant can appeal. If you object to an application which is subsequently approved by the Council, you cannot appeal.

Appeals must be made on a form which is obtainable from:

Customer Support Unit,
The Planning Inspectorate,
Room 3/15 Eagle Wing,
Temple Quay House,
2 The Square,
Temple Quay,
Bristol,
BS1 6PN.

The form and other information about appeals can also be obtained from the Planning Inspectorate website.

Appeals are dealt with in one of three ways:

1. Written Representations

Most appeals are dealt with by an exchange of written statements and a site visit by an Inspector appointed by the Planning Inspectorate.

2. Public Inquiry

Alternatively, you can make your case, in person, at a Public Inquiry which is chaired by an Inspector appointed by the Planning Inspectorate. The Council will also put its case to the Inspector and usually both sides are legally represented. There are set rules laid down for the preparation and submission of proofs of evidence and for cross-examination. A Public Inquiry is usually appropriate if the proposal is of a large, controversial or complex nature. Third parties may also appear at a Public Inquiry.

3. Informal Hearing

This is a simplified and shortened form of Public Inquiry, where there is usually no legal representation, and where the Inspector chairs a structured discussion on what he considers to be the main issues.

When deciding on which procedure to use, you should take into account the following points:

• The result of your appeal will always depend on the planning merits
• The written procedure is usually quicker and cheaper
• A hearing is an informal way to give evidence. Formal cross examination is not usually allowed
• You or the Council can ask for an Inquiry, or the Planning Inspectorate can decide that this is the best procedure for your appeal
• At an inquiry you can talk to the Inspector personally and challenge any evidence put forward against your appeal
• The possibility of costs being awarded.

There is more information about appeals on the Planning Inspectorate website.

Members of the public wishing to make representations either for or against an application which is subject of an appeal are entitled to do so whether in writing or, in the case of an inquiry or Hearing, in person.