Planning Appeals
How we provide this service
Here you can find out about appeals against planning decisions, how to appeal, the possible outcomes and the process your appeal will go through. This service is supported by Planning and Development, Planning.
If you have submitted a planning application and have had it refused you can appeal to the Secretary of State via the Planning Inspectorate to reverse the Local Planning Authority's decision. You can also appeal if your application has not had a decision in the allotted time (8 weeks from the date the application is accepted) - this is called a Non-Determination Appeal, or against any condition or conditions attached to your planning decision.
Only the person who submitted the planning application can appeal. There are three ways in which the Planning Inspectorate may decide your appeal:
1. Written Representations. Written correspondence only - by far the easiest and quickest method and the one by which most appeals are dealt with.
2. Informal Hearing. Initially the same procedure as Written Representations except that an informal 'round-the-table' discussion led by the Inspector is held - used where more complicated matters are involved, but takes longer than the written representations procedure.
3. Local Inquiry. A formal procedure where complex policy or technical issues are involved and witnesses can be cross-examined - costly and time consuming, and can take twice as long as the written representations procedure.
Due to the complex nature of the appeals process as a whole it is difficult to cover every aspect here on our website. If you feel you need more detailed information please contact our Customer Services centre and ask to speak to the Planning Department. Alternatively, click on the Planning Inspectorate link below.
What to do to get this service
Once a decision has been made on your planning application you have six months in which to appeal against that decision. There are three main types of appeal;
1. Appeal against the whole decision.
2. Appeal against a certain condition/conditions attached to the decision.
3. Appeal against Non-Determination.
Essentially the process for all three is the same. You will have to contact the Planning Inspectorate to obtain the necessary forms for you to fill out. If you have used an agent to submit your original planning application for you then it may be as well to use the agent to help you with your appeal.
The information below deals with a Written Representations Appeal against a planning refusal. Informal Hearings and Local Inquiries require further procedures to be undertaken in addition to those set out below.
Once you have sent your completed forms to the Planning Inspectorate (with a copy to us) they will send both of us a letter acknowledging receipt and giving an official start date to the appeal. We will then have two deadlines.
The first in two weeks by which time we have to;
- notify interested parties of the appeal to afford them the opportunity to make further representations.
- complete a questionnaire which gives the inspectorate information about the appeal site and includes copies of any representations or correspondence we may have received about your original planning application, a copy of the relevant policies used to determine your application and a list of any conditions that we feel ought to be imposed should the Inspectorate grant you permission.
The second deadline is six weeks from the official start date when we must have submitted our 'Statement of Case'. This document gives a more detailed explanation on how we reached our decision and what policies affected that decision.
Further Information on this service
Once the Inspector has all the information required he will then conduct a site visit, following which he will review the planning arguments and make a decision in accordance with planning policy and the merits of the proposal. The Inspector's decision will be by way of a letter and will either;
- Allow the Appeal - in which case planning permission will be granted (with any conditions the Inspector may considerer relevant) and the original decision notice will be cancelled, or;
- Dismiss the Appeal - in which case the original decision notice will remain in force.
This decision will usually be about 2 - 3 weeks after the site visit has taken place.
Links to forms, leaflets and websites providing more information
Please click here to link to the Planning Inspectorate Forms and information website
Click here to link to the Planning Portal Website
Common Questions
Q. Can anyone else appeal against a decision on a planning application?
A. No. Only the person who made the original application can appeal. By this, an objector can not appeal against the Local Planning Authority's decision to grant permission.
Q. How long does the appeal process take?
A. Currently, it takes Planning Inspectorate between 4 and 5 months to determine a Written Representations Appeal, with correspondingly longer periods for Informal Hearings and Local Inquiries.
Q. Can I see the progress of an appeal on the web site.
A. Yes. You can view the progress of ongoing appeals and also obtain other information by visiting the Planning Portal Website
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Contact Details
If you have any queries about the information provided above, or require further information, please contact Customer Services on 01775 761161 or email info@sholland.gov.uk.
