Planning Appeals

Planning appeals are the means for objecting to planning proposals, the refusal of planning permission or objecting to conditions of a granted planning permission. In all cases, the only person entitled to planning appeals is the applicant. Though an agent might help filling out the forms, the name that will appear on the documents will always be that of the person on who's behalf planning appeals are submitted.

In the UK, planning appeals can be submitted when:

Planning permission has been refused after the proper submission of a planning proposal for development on buildings or land. If you consider that your proposal was unjustly refused, you can decide to appeal (agents from town planning institutions should be able to easily assess unjust decisions of the Council and advise you in the matter of planning appeals).
Your planning permission has been granted by local officials, however, you disagree with a certain (or even several) conditions attached to the permit. Again, any experienced town planning officer should be able to properly investigate and advise you in whether appealing to the permit is or is not beneficial to your case. They can (and most likely, will) also help you with your planning appeals.
Should the Council fail to issue a decision on your proposal in the required time, you are, again, entitled to appeal.

In the United Kingdom, planning appeals will always be made to the Planning Inspectorate and, in most cases, handled in writing. Some planning appeals might be resolved in hearing and very few will be decided after a public inquiry.

Written representations of planning appeals are the most common types in the United Kingdom. In this type of appeal written statements are exchanged regarding views. The applicant can uphold personal opinions, submit them in writing and receive response to comments from the local authority. Decision regarding the appeal is finally made by the Inspector upon a formal visit to the property.

A more complex option for planning appeals is Public Inquiry, a less popular form of representation in the UK because of it's tediousness. In this type of representation the applicant's views can be heard in front of an Inspector - the help and guidance of professionals is advised in these cases, though not mandatory. Many will avoid Public Inquiry because of the more complicated procedures that it involves, however, with the help of competent professionals, experienced in the field of planning appeals, any of the several forms of representation can be considered and the right one for the case pursued.

In a Public Inquiry evidence is presented verbally in front of the Inspector. In this type of representation of planning appeals third parties may also be present and their views will also be noted. Written evidence is taken into consideration as well and decision regarding the case is presented at a later time, in writing, after a formal inspection of the site and the closing of the inquiry.

There is a third option for representation in the case of planning appeals, that of an Informal Hearing. When this type of representation is chosen, the case is discussed between parties with an Inspector present. Here, like in the case of a Public Inquiry, third parties may also participate and share their views on the case. Their contributions, like in the case of written representation of planning appeals and in the case of a Public Inquiry, are noted and taken into consideration for the final decision.

The case in question will always determine the type of appeal that is best suited, written representation of planning appeals are the choice when minor development plans have been refused but not when you wish to discuss terms to your proposal with the local authority. A Public Inquiry is not the choice when minor development plans have been refused, such representation of planning appeals is not at all necessary in this case but might be needed in more complex situations.

Appeals can prove to be costly and time consuming so you should not take appeals lightly, by seeking professional guidance in your case, you can determine the type of representation that is best suited to your particular situation and save a lot of money and time. In some cases, a written representation of planning appeals might suffice when the situation seems a lot more complicated. In others, though, a full-blown Public Inquiry might just be necessary to reinforce the planning proposal. Experienced specialists, however, will always be able to properly investigate the case and suggest the best option for your particular need.