Planning Appeals (Hearings)
Planning Appeals may be made for a number of reasons, the most common being because planning permission has been refused by a Local Authority. Appeals are made to the Planning Inspectorate, based in Bristol, whose Inspectors make the vast majority of the decisions. A very small number are determined by the Secretary of State. By lodging an appeal you therefore are getting an independent view on your application – the appeal is not determined by the Local Authority.
There are three types of Planning Appeal – Written Representations, Hearings and Public Inquiries. This article focuses on the Hearing procedure.
The Hearing process is for more controversial, yet minor developments, usually those with considerable neighbour interest or where complex planning issues are raised. As an appellant you can choose whether you would like a hearing, but the acceptance of this is down to the Planning Inspectorate. The Hearing process adopts a similar approach to the Written Representations procedure, involving an exchange of written statements by both the Local Authority and the appellant, followed by a round table discussion chaired by the Planning Inspector. Each side gets to present their case, as do any interested parties such as nearby residents. This is followed by a site inspection, after which the Inspector will go away and prepare their decision.
Rob Duncan Planning Consultancy has extensive experience of dealing with Planning Appeal Hearings and can maximise your chances of success by preparing a clear and effective appeal statement, and presenting that case at the subsequent Hearing. Rob Duncan Planning Consultancy has established a strong record of success at appeal, including the awarding of costs against the Local Authority for the unreasonable refusal of permission.
If you have been refused planning permission, wish to appeal against non-determination, or have had unacceptable conditions imposed on a planning approval, contact Rob Duncan Planning Consultancy for a free initial discussion.