Planning appeals in England and Wales are submitted to the Planning Inspectors at the Planning Inspectorate. The Planning Inspector will usually come from outside of your local area, although they may have visited it previously when carrying out inspections.
Initially, written representations must be submitted by the appellant, Planning Inspectors will call on further information from both parties as necessary. although, the success rate of these appeals may surprise you.
This means that you need to keep a close eye on what your opponent is submitting so that you can respond accordingly and it’s advisable to check regularly with Planning Inspector if they haven’t called upon specific evidence which you believe should have been considered in addition to ensuring all of your own submissions are included within an appeal response. If you have any other Questions relating to Planning Appeals, click here.
You must also ensure any additional advice sought during the process has been provided before the final submission date for Planning Appeal documentation or risk having them rejected out of hand!
The Local Planning Authority (LPA) may make their statement first; this allows them time to consider whether the initial decision was correct after hearing submissions and to consider further representations made by the appellant.
The Planning Inspector will then decide whether or not they agree with this initial decision, taking into account all of the submissions that have been made on both sides as well as any additional evidence submitted during the Planning Appeal process.
This means you need to submit your statement at least one month before the final date for submission so Planning Inspectors can take it into consideration when making their planning appeal decision!
You should also ensure all documentation has been fully completed upon submitting an appeal – including full grounds of appeal which clearly state why your Planning Application deserves a favourable outcome from the Planning Inspector in addition to providing relevant supporting information/evidence/references where necessary too otherwise there is a risk of rejection due to insufficient information.
Planning Appeal documentation should be submitted to Planning Inspector in England within two months of formal decision notice being issued by Local Planning Authority or for householder appeal, following the date you received written confirmation that your application had been successful (was granted.)
It is possible to request an extension if there are good reasons why this cannot be met; however, extensions will only normally be given where it has already been agreed with Planning Inspector on the case before submission! It’s also worth noting that any further submissions/evidence must again meet strict formatting requirements (such as using prescribed forms) otherwise they may not even consider them at all – let alone take them into consideration when making their final planning inspector’s report so ensure everything is completed correctly upon submitting Planning Appeal documentation to Planning Inspector.
Planning Appeal documentation must include:
Statement of truth – this is a signed statutory declaration that confirms that you have read and understood the Planning Act 2008, Local Government Planning (Access) Code / National Planning Policy Framework, and relevant legislation/guidance along with any other information provided by Planning Inspectors upon request from either party during the appeal process.
Initial representation form – these forms are used within LPA’s for various applications so ensure all grounds submitted during your planning appeal correspond with those required on the appropriate initial representation form! These will be sent back if they don’t match up correctly; not only do they need to be correct but it needs to meet strict formatting requirements too otherwise risk being rejected – Planning Appeal documentation should include these forms as part of the submission!
Copy statement from Local Planning Authority – this will have been sent to you once LPA’s formally issued their decision notice/rejection letter (if applicable) and it is worth noting that any supporting evidence included within such a document must be submitted during Planning Appeal process; if not, they could risk rejection by Planning Inspector. However, remember that you don’t need to resubmit anything already provided in previous stages unless additional information has now come to light which justifies sending further statements at this stage.
Details of all planning enforcement action taken against your property or local area up until the date of appeal hearing;
Any legal arguments/evidence used previously when submitting a Planning Application.
Planning Appeal documentation should also include any other relevant supporting information/evidence in relation to the Planning Application (this could be maps, drawings, photographs or letters from third parties etc.)
Finally, make sure you complete the “Statement of truth” section upon submission! This is a statutory declaration that confirms that all planning appeal evidence has been fully completed and provided within the correct format before submitting an appeal so if not will risk rejection by Planning Inspector which would then result in your Planning Appeal being dismissed! So ensure it’s done properly at outset otherwise without fail there is no point wasting time completing the rest of the document because won’t get considered anyway due to missing statement signed off on the initial Statement form; the same goes for incorrect formatting too so check guidelines very carefully before submitting Planning Appeal documentation to Planning Inspector!
It is worth noting that if planning appeal evidence isn’t submitted within the stipulated period determined at outset of the Planning Appeal process then could result in Planning Inquiry being adjourned until a new date. If this happens again, or more than once during the same stage, may not be allowed to submit further evidence thereby resulting in your Planning Appeal becoming ineffective which means it will fail and LPA’s decision notice/rejection letter (if applicable) would remain valid unless successful on judicial review.