An appeal is usually a last resort. Agreement can often be reached with us following discussion of the reasons given for the refusal and adjustment of the proposal.
An appeal can take one of 3 forms:
- written representations
- informal hearing
- public inquiry
The applicant has the right to appeal if an application is refused, or if an application is allowed but is subject to conditions which the applicant finds unacceptable, or if no decision has been made by the statutory deadline (8 or 13 weeks). Very occasionally the First Secretary of State will take the decision. This is usually for major or controversial applications.
There are no third party rights of appeal - if you have objected to a planning application and it is approved, then you cannot appeal that decision.
In most cases you have 6 months to appeal from the date of the decision notice except for:
- fast track householder appeals which have 12 weeks from the date of the decision
- refusal of advertisement consents which have 8 weeks from the date of the decision
- refusal of applications relating to high hedges which have 28 days from the date the remedial notice was issued, or 28 days from the date on which it was to decided not to issue, withdraw, set aside or relax a remedial notice;
- refusals relating to TPO applications which have 28 days from the date of the decision.
An independent Inspector from the Planning Inspectorate will consider all the evidence and make a decision based on planning issues.