What is a Planning Appeal?
A planning appeal is an option to pursue when a planning application is refused. The alternative is to make changes to the proposed development and submit a new planning application. A planning consultant is the best source of advice on whether to alter and resubmit the application or make an appeal.
The planning appeal process involves communication with the local planning authority, attending public inquiries, and corresponding with relevant individuals. A decision notice from the local planning authority usually confirms the rights and time constraints for a planning appeal.
Different Types of Planning Appeal:
There are several types of planning appeals, which vary based on the type of planning application. The most common type of appeal is a general planning appeal, where planning permission has been completely refused. An appeal can also be made against any conditions imposed as part of the planning permission. Additionally, an appeal may be sought when the local planning authority has not met the specified time frames for determining the planning application.
Other types of planning appeals include householder appeals, enforcement appeals, listed building appeals, lawful development certificate appeals, tree preservation order appeals, high hedge appeals, and more.
Planning Appeal Process:
The timeline and process for a planning appeal depend on the type of appeal. The Planning Inspectorate must receive the appeal within 6 months of the decision date or the right to appeal is lost.
Most appeals are dealt with using written representation, but options for an informal hearing or inquiry are available for complex applications. The process involves several parties, including the local planning authority, interested individuals, and local planning groups. All parties can provide written comments on the appeal.
The planning inspector reviews all the evidence, visits the site, and makes a final decision in writing after a hearing or inquiry. The timeline and process can vary for different types of appeals, and it is important to consult with a planning consultant for guidance.
Costs, Timeline, and Chances of Success:
A planning appeal typically takes 27-44 weeks, but can take much longer, up to a year, depending on the type and complexity of the appeal. Planning appeals are free, but the process may result in additional costs from delays and changes to the design or scheme.
Data from the Planning Inspectorate suggests that one in three planning appeals are successful. It is important to consider whether appealing is the best way to move forward, as opposed to revising the scheme and submitting a new planning application.
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