Planning Appeals
A planning appeal is a process by which an applicant is able to apply to the Planning Inspectorate typically following the decision of a Local Planning Authority (LPA) to refuse planning permission.Appeals may be made for a number of reasons (e.g. permission granted but with conditions considered inappropriate, or failure of the LPA to decide an application within the 8 or 13 week period). The majority are made because the LPA has refused planning permission.
The appeal procedure offers two options:
- Written Representation – By far the most common procedure and normally the quickest, simplest and cheapest way of deciding appeals. Involving an exchange of statements between the parties.
- Hearings; Simpler and quicker than the inquiry procedure. Enables the parties to present their case fully and fairly in a less formal atmosphere than in an inquiry (i.e. without advocacy or cross-examination), usually in the form of a round-the-table discussion led by the Inspector.
- Inquiries - Where the appellant of the Local Planning Authority have exercised their right to be hear, and the case is not considered suitable for a hearing. Involves undertaking the role of an expert witness providing detailed evidence for cross examination.
Value for Clients:
Typically provides our clients with a 'second chance' following the refusal of a scheme by an LPA. Offers an opportunity of the client realising the development value of a site upon the appeal being allowed.
