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Planning Appeals

Applicants may appeal against refusals of their applications and in certain other cases. The following is a brief summary of the main procedures.

General

Only the applicant for consent or permission can make an appeal. There is no right of appeal for interested people or organisations (known as 'third parties') in the UK.

Appeals are made to the Planning Inspectorate, a Government Agency based in Bristol:

The Planning Inspectorate
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

Tel: 0117 372 6372

The Planning Inspectorate encourages the submission of appeals in an electronic format.

The deadline for submitting an appeal is 6 months from the date of the decision of the application.

Inspectors, who work for the Planning Inspectorate, decide most appeals, but in some cases they make a report to the First Secretary of State who then decides the appeal.

There is no fee for planning appeals.

Methods of Appeal

There are 3 methods: Written Representations, Hearing and Inquiry. All 3 have strict deadlines associated with them.

Written Representations:

Exchange of written statements
Neighbours are informed and can make written submissions.
Main statement and third party comments due 6 weeks after appeal made.
Inspector will visit the site sometime after the 9 week deadline, unaccompanied unless he/she needs access to private land.

For householder appeals relating to applications submitted on or after 6 April 2009, neighbours will continue to be notified of appeals but will no longer be allowed to make further representations.

Hearings:

The hearing takes the form of a formal meeting chaired by the Inspector.
Legal representation is not necessary and is not encouraged.
The Inspector will guide and control the discussion, but will give everyone a chance to speak.
Neighbours are informed and can participate in the hearing at the discretion of the Inspector.
Written statements and third party comments due 6 weeks from the date of the appeal.
There will be an accompanied site visit and the Inspector may choose to continue the hearing during the site visit.
Quicker and cheaper than Inquiries. Generally preferred by the Inspectorate, but not suitable where complex issues require cross-examination or where there is such strong local concern that a round table discussion would not be possible.

Public Inquiries:

Formal inquiry procedure, including advocacy and cross-examination.
Cases are normally presented by legal representatives, with planners and others acting as witnesses.
Neighbours are informed and can participate in the Inquiry, at the discretion of the Inspector. Anyone speaking at the Inquiry is subject to cross-examination by the other side.
Before the Inquiry, various documents must be produced:
- Grounds of Appeal (main reasons why permission should be granted)
- Statements of Case (outline of case)
- Proofs of Evidence (detailed case to be presented by witnesses at the Inquiry - due 4 weeks before the Inquiry)
- Statement of Common Ground (agreed statement of agreed facts, descriptions and policies)
Third party comments are due 6 weeks from the date of the appeal, but in this case will normally be accepted up to the day of the Inquiry.
There will be an accompanied site visit, usually at the end of the Inquiry. The inquiry does not continue on site.

Enforcement Appeals

Must be made before the Enforcement Notice 'takes effect'- usually about a month from date of issue.
The appeal suspends the effect of the Enforcement Notice until the appeal is decided.
Normally decided by specialist enforcement Inspectors. Usually take longer than planning appeals to decide.
May include an appeal for planning permission and may also be made on technical grounds.
The same 3 methods are used in enforcement appeals as in planning appeals: Written, Hearing or Inquiry.
Sworn evidence may be required in respect of some of the grounds of appeal. For instance, in ground (d) appeals there may be a dispute as to when a use began or when physical development was carried out. In such cases the Inspectorate will normally require an Inquiry and all evidence will be taken under oath.

Other Appeals

Appeals may also be made concerning other types of planning decisions, including Advertisement consent, Listed Building and Conservation Area Consent, Lawful Development Certificates, Certificates of Appropriate Alternative Development, etc. Some of these have slightly different rules and timetables, which will be covered in the formal letters from the Inspectorate.

Conditions, S106 Agreements and Unilateral Undertakings

The planning authority must produce a draft list of conditions, which will be debated, without prejudice, at hearings and inquiries.

The Inspector must have any S106 agreement or unilateral undertaking before she makes her decision. Normally, this is required by the end of the hearing or inquiry. An appeal decision will never be subject to the conclusion of a S106 agreement. The agreement must be concluded by the time the Inspector makes the decision, or it will not be taken into account.

Decisions

The decision will be issued, in writing, by the Inspectorate, some time after the inquiry, hearing or the conclusion of exchanges in written representation cases.

The only appeal against the appeal decision is to the courts on point(s) of law. The courts will not normally interfere with the planning judgements made by the Inspector, but may make quash the decision if it is wrong in law. Where a decision is quashed, it is normally remitted to the Planning Inspectorate to decide again.

Costs

Both sides are normally expected to bear their own costs. However, if one side can be shown to have acted unreasonably then either partial or full costs may be awarded to the other side. For appeals relating to applications submitted on or after 6 April 2009 costs will apply to all Planning Appeals and Enforcement Appeals.

Commenting on Appeals

Comments on Appeals can be submitted on line through the Planning Portal.

For householder appeals relating to applications submitted on or after 6 April 2009, neighbours will continue to be notified of appeals but will no longer be allowed to make further representations.

Further Information

The Planning Portal

Government Planning Circulars (specifically 'Circular 5/2000 - Planning Appeals: Procedures' and 'Circular 8/93 - Award of Costs in Planning, etc. Proceedings')

RICS Planning Appeals information

For further information please contact the Planning team on 01789 260303, by email planning.applications@stratford-dc.gov.uk, or by fax on 01789 260306.

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See also:
Planning & Building news and frequently asked questions

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Stratford-on-Avon District Council
Elizabeth House,
Church Street,
Stratford-upon-Avon,
Warwickshire,
CV37 6HX

E: info@stratford-dc.gov.uk
Tel: 01789 267 575
Fax: 01789 260 007
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