Planning appeals have been a contentious issue in England for many years. Planning decisions are often difficult to make and the Planning Inspectorate has a tough job of reviewing these decisions. Many People won’t even know How Appeals are submitted in the first place. Planning is not just about what you can build, but also how it will affect the local area. You can That’s why we’ve compiled this guide on answering the most frequently asked questions about Planning Appeals so that you can maximize your chances of success!
What are the responsibilities of the Planning Inspectorate?
The Planning Inspectorate is the one who decides the appeal and therefore has a responsibility to ensure that all parties involved in an appeal are treated fairly and equally. That includes the Appellant as well as the Local Planning Authority you’re appealing against.
No prejudice should be given on either side, so remember never to bring up any points which could harm your case or help that of your opponent.
It’s also important to remember that Planning Inspectorate is there to help you! During your appeal, if you have any questions or concerns it is always best to speak with the Planning Inspector. They will be able to address them and let you know whether they can be used in court so keep an eye out for their response.
What are the responsibilities of the Local Planning Authority?
The Local Planning Authority must provide all relevant planning documents which you were submitted at the time of application, and any information that they feel is necessary for Planning Inspector to make a decision. They also need to be able to answer any questions Planning Inspectors may have about your Planning Application during an appeal hearing.
When can Planning Appeals be submitted?
Planning Appeals are only possible after full consideration has been given by the Local Planning Authority and they have formally rejected your Planning Application, usually in writing with reasons for doing so. You then have one month from this date to submit your Planning Appeal if you’re not happy with their decision. The latest it can be done is two months from when you first became aware that your application had been refused/granted unless there are exceptional circumstances – such as being abroad at the time of refusal which would allow three additional weeks before appealing!
What if I want to change something?
If you wish to make any changes or additions to your Planning Application prior to its hearing date then any amendments should be sent in writing directly to Planning Inspectorate with a copy to Planning Inspector.
What happens at Planning Hearing?
At your Planning Hearing, you will be given an opportunity to present any new evidence and witnesses before Planning Inspector who will make their decision based on the facts presented, following which they may ask for clarification or additional information if required.
The Local Planning Authority representative (the person that decided against your application) is also entitled to attend as well as anyone else with a legitimate interest in the appeal such as landowners within 250m of the proposed development site- so it’s worth noting this down!
What happens if a relevant decision is made on another case?
If Planning Inspector decides that a relevant decision has been made on another Planning Application at the time of your appeal, they may refer it to the Local Planning Authority for further consideration. If this is done, you’ll be notified in writing and will need to wait until such a time when the appeal can proceed again.
What happens if there are new or emerging policies?
If Planning Inspector feels that new or emerging planning policies are relevant to your Planning Appeal then they may refer the decision back to the Local Planning Authority for further consideration. If this is done, you’ll be notified in writing and will need to wait until such a time when the appeal can proceed again.
New information doesn’t always mean more weight needs to be given towards them- many times it might not be appropriate which means the Planning Officer’s original refusal of application stands regardless!
What happens if there is new legislation or national policy or guidance?
The Inspector has to make this decision (or issue a report and recommendation to the Secretary of State for a successful appeal) in light of the circumstances at the time he or she makes it. As a result, the Inspector will consider:
- Whether the proposed development is in accordance with planning permission, or that Planning Permission should be granted
- The existing policies and relevant emerging policy.
Where there are new developments that affect the application then it will clearly have an impact on their decision when they make it. However, Planning Inspectors must still consider all evidence submitted when making a decision- not just what has been published since your Planning Application was made.
What happens next?
If Planning Inspector decides to overturn the Local Planning Authority’s original refusal of application you’ll receive written confirmation in due course along with any additional conditions necessary for landowner approval before work can commence!
All decisions will be available online within 28 days of the hearing date via the Planning Inspectorate website. If Planning Inspector deems the Planning Application should be refused then the Local Planning Authority will issue a decision notice along with any conditions necessary for landowner approval before work can commence.
This all depends on the Planning Appeal Ground in question and whether or not Planning Inspector decides to overturn the Local Planning Authority’s original refusal of application- but you’ll receive written confirmation in due course either way!