A planning appeal is the process in the United Kingdom whereby a planning applicant can challenge an adverse decision. Including:-
- A refusal of Planning permission
- Failure of the planning authority to issue a decision within a given time.
- Against conditions attached to a permission
- Against the issue of an Enforcement Notice
- Against refusals of listed building and conservation area consent
In England and Wales, appeals are processed by the Planning Inspectorate. Typically there are three ways to carry out a planning appeal.
- By Written Representations where the appeal is conducted entirely in writing - this process is usually used for smaller appeals where perhaps only a few issues are in dispute.
- By Formal Hearing Where a hearing is held in a very similar way to a court of law where barristers argue for each side of the case and the Planning inspector acts as judge.
- By Public Enquiry This is the most serious of ways to appeal
If you’re planning application has been refused, under English and Welsh planning law you have the right to contest that decision by a planning appeal directly to the Government’s independent Planning Inspectorate and achieve your planning permission by that route, irrespective of the Council’s refusal. The Inspectorate is completely independent to your Council.
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