Updates to the planning appeals provisions
On 6 April 2009 further planning appeals provisions will come into force with the aim of improving the proportionality and efficiency of the planning appeals system.
It is hoped that the new provisions will lead to faster decision making and result in administrative savings for local planning authorities.
The new provisions will only apply to England and include:
- All householder appeals will now see a shorter appeal period from 6 months to 12 weeks
- There will be a fast track procedure for written representation householder appeals
- Statements of common ground in local inquiries will have to be submitted within 6 weeks after the starting date
- There will no longer be a provision for representations at the 9 week stage for both hearings and local inquiries.
Appeal Planning Permission Decisions
At present planning permission is needed in order to carry out development works to land and properties. If planning permission is refused or the local planning authority fails to determine the planning application within the statutory time period then you have the right to appeal.
You may appeal by either:
- Written representation - easy, quick, cheap and suited to small scale developments
- Hearings – takes longer than written representation, but gives the parties the benefit of presenting their case informally to an inspector who then leads a discussion on the appeal issues. This procedure is suited to more complex cases
- Local inquiries – usually used for larger, more complex cases and can take several weeks due to the inspector hearing evidence from witnesses who can also be cross-examined by other parties' legal representatives. This method is formal and similar to the court of law and suits cases that are more controversial and have had a great deal of public opposition.