Appeals Procedures
Before submitting your appeal, you should consider which is the correct procedure for your case. If you wish to follow the Public Inquiry, you will need to notify the Local Planning Authority and the Planning inspectorate no less than 10 working days before submitting your appeal.
All requests will be considered by the Planning Inspectorate to assess whether your request is appropriate for the appeal, and they may suggest an alternative procedure.
Details of the different types of available Planning appeals are provided below:
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Planning Appeals
An appeal can be lodged for the following reasons:
- refusal of a planning application
- failure of the Local Authority to issue a decision within 8 weeks.
- Conditions on the planning permission which are considered to be unreasonable.
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Householder Appeals
Applications relating to Householder applications will be decided through the Householder Appeals procedure. This process is streamlined, and all written information and drawings should be submitted when the appeal is first lodged with the Planning Inspectorate. There is no option for representations by third parties during this process.
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Enforcement Appeals
There are various aspects which can be appealed in regards to Enforcement Notices.
Appeals against an Enforcement Notice must be submitted before the notice takes effect. This date is normally 28 days from the date the notice is served but is confirmed on the notice itself.
If you do not submit an appeal of Enforcement Notice within this timeframe to the Planning Inspectorate, you are then required to comply with the requirements set out in the notice or risk prosecution for non-compliance.
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Listed Building Appeals
An appeal can be lodged for the following reasons:
- refusal of a listed building consent application
- failure of the Local Authority to issue a decision within 8 weeks.
- Conditions on the listed building consent which are considered to be unreasonable.
The process for appealing a Listed Building Consent is similar to the process for the Planning Appeal, therefore the appellant is required to submit both appeal forms on the same day to the Planning Inspectorate.
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Lawful Development Certificate Appeals
An appeal can be lodged following the refusal of an application for a Lawful Development Certificate.
The Planning Inspectorate will not consider the planning merits of an appeal and will only consider if the evidence provided is sufficient to prove a development is lawful or not.
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Tree Preservation Order Appeals
An appeal can be lodged upon refusal for consent for works to a protected tree or the failure of the Local Authority to issue a decision within 8 weeks.
Please note, an appeal cannot be lodged if you are objecting to the Forestry Commission’s refusal of a felling licence application.
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High Hedge Appeals
An appeal in relation of a High Hedge can only be made against a decision or remedial notices issued by the Local Authority under Part 8 of the Anti-Social Behaviour At 2003.
Contrasting other appeals, a right to appeal a High Hedge remedial notice is available to the person who made the complaint as well as to the land owner/occupier of the hedge.
An appeal can be lodged if it is felt that the remedial notice instructing the reduction of the hedge goes too far or doesn't go far enough.
Furthermore, an appeal can be lodged if the Local Authority decides not to issue a remedial notice or withdraw a notice.
Details of each procedure can be found below and through the diagrams attached to this page.
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Fast Track Householder Appeal
This process is streamlined, version of the Written Representation process. All written information and drawings should be submitted when the appeal is first lodged with the Planning Inspectorate. There is no option for representations by third parties during this process.
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Written Representation
Written Representations is the most common method for deciding Appeals procedures.
The Planning Inspectorate will consider written evidence from the appellant, the Local Planning Authority as well as representations from those who hold an interest in the appeal.
There are strict timeframes for submissions of evidence which will be set out through a letter from the Planning Inspectorate when the appeal has been validated.
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Hearing
Similarly, to the procedure set out through Written Representations, written evidence will be submitted by the main bodies and a similar process and timeframe will be followed.
An informal hearing will also be included in the form of a round-the-table discussion led by the Planning Inspector which will allow for all parties to respond to questions.
Third party groups are permitted to attend.
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Public Inquiry
A Public Inquiry follows a formal procedure and is reserved for complex cases where legal issues may need careful consideration.
Legal representatives will be used by the main parties to present evidence and cross-examine witnesses.
All evidence must be submitted to the Planning Inspectorate prior to the inquiry date.
Third parties may also be present.