What to do if you are refused planning permissionphilevers
If you have been refused planning permission, you are entitled to lodge an appeal with the Planning Inspectorate. However this must be undertaken within a prescribed timetable, which is usually 6 months, or 12 weeks in the case of household development. Rob Duncan Planning Consultancy can advise you on the Council’s reasons for refusal and discuss the likelihood or otherwise of success at appeal.
If it is concluded that an appeal is worthwhile, there are three options available: Written Representations, Hearing or a Public Inquiry.
The Written Representations procedure is the most common form of appeal and is appropriate for less controversial cases with limited public interest. The process involves an exchange of written statements by both the Local Authority and the appellant, and a site inspection by the Planning Inspector. The Inspector will then go away and prepare their decision.
The Hearing process is for more controversial, yet minor developments.. usually those with considerable neighbour interest or where complex planning issues are raised, but where the scheme is not major in terms of its scale. The Hearing process adopts a similar approach to the Written Representations procedure but involves a round table discussion chaired by the Planning Inspector where each side gets to present their case. This is followed by a site inspection, after which the Inspector will go away and prepare their decision.
Public Inquiries are reserved for the most controversial and large scale schemes, or those where evidence is required to be given on oath. The process involes the preparation of Proofs of Evidence and the cross-examination of witnesses by Barristers in a forum chaired by the Planning Inspector.
Rob Duncan Planning Consultancy has extensive experience of all of these types of appeal including acting as a professional witness at Public Inquiry. If you have been refused planning permission in one form or another, of have been served an enforcement notice, contact us for some initial free advice.