Appeals
Planning appeals are administered and decided by the Planning Inspectorate and must be made within:
- 3 months of the date of the decision for the refusal of planning permission for householder development
- 6 months for all other types of application,
- 8 weeks in the case of advertisement applications or,
- 4 weeks in the case of applications to carry out works to trees protected by a tree preservation order or in a conservation area
Reasons for appeals may include:
- refusal of planning permission
- lack of decision by the district council on a planning application within statutory eight week timescale
- imposition of a condition on a planning permission
There is no third party right of appeal against the grant or refusal of permission.
An appeal should be a last resort. With only 33% of appeals being allowed, you should look carefully at the reasons for refusal before you submit an appeal to us. In some instances you may be able to negotiate a revised scheme.
The Householder Appeal Service
There are separate rules for appeals on householder applications submitted on or after 6 April 2009.
The aim of this new service is to dramatically shorten the length of time it will take you to receive a decision on any Householder appeal you may submit to us. This procedure applies to all householder planning applications (not appeals) submitted on or after 6th April 2009.
The critical changes are:
- the time limit for making a Householder Appeal will be reduced to 12 weeks from the decision date
- third parties will not be given another opportunity to comment, although they will be notified of the appeal
- the report (delegated or committee) and decision notice will form the basis of the council's appeal case. No further written statements will be able to be submitted
- the council will provide the Planning Inspectorate with an electronic case file. This will include the appeal questionnaire and all the documents referred to, including third party letters of representation
Find out more on the Planning Inspectorate website, call them on 0117 372 6372 or contact us by emailing planning.appeals@easthants.gov.uk.
Other changes from April 2009
A number of other changes are being introduced to make the appeal process simpler, easier and more efficient for all the main parties.
These include:
- The Planning Inspectorate will determine the appeal procedure to be followed for all planning and enforcement cases
- There will be an extension of the costs regime to planning appeals and other planning proceedings dealt with via written representations.
- Hearings and Inquiries Rules will be changed to remove the 9 week written comment stage. There will still be the opportunity at the hearing or inquiry itself to make comments
- Inquiries Rules will be changed to require the submission of Statements of Common Ground 6 weeks after the appeal’s start date, rather than 4 weeks before the inquiry event itself (as now)
Fastrack Householder appeals
This scheme aims to decrease the time taken by the Planning Inspectorate to decide an appeal. All documentation is completed, compiled and dealt with electronically.