FAQs

The Appeals Process; How it works

Who deals with my appeal?
All appeals are dealt with by the Planning Inspectorate. They represent the Secretary of State and are based in Bristol.

How long will my householder appeal take?
You have 12 weeks from the Council’s decision notice to submit an appeal.

A written representations appeal is the most common and straightforward appeal. This should take 12 weeks to determine.

What do I need to submit a householder appeal?
To submit a householder appeal, copies of the application form and the council’s decision notice are required, in addition to the relevant appeal form.

The appeal form will also include the full grounds of appeal. This will normally include an assessment of the scheme against local plan policy and the Council’s reason for refusal.

How does the householder appeal process work?
Once the appeal has been validated it will be given a start date. Within 2 weeks the Council will be expected to send their appeal questionnaire and relevant background documents, plus any copies of objections from neighbours.

For householder applications a date will be set for the Inspectors site visit. The site visit will normally be unaccompanied if the site is visible from public land. The decision should follow a few weeks after the site visit.

Are there any differences between a householder appeal and other forms of appeals?
Yes. These are:
The time period for submission is 6 months from the date of the Council’s decision.

It should take 4-6 months to determine.

In addition to the drawings, all the supporting information that was submitted with the application will need to be submitted to the Inspectorate.  The grounds of appeal don’t need to be as detailed because these can be expanded in the statement.

The timetable for written submissions is extended. Statements need to be submitted within 6 weeks of the start date. The statements are then swapped and each party then has the option of making any final comments. This must be submitted to the Inspectorate within 9 weeks of the start date.

At this stage the grounds of appeal for non-householder applications need not be quite so comprehensive as the issues relating to the appeal can be covered by the statement.

When are Hearings and Public Inquiry appeals appropriate?  
These are meant for more complex applications, which involve issues that need to be debated, and/ or the submission of specialist evidence or evidence on oath. The Inspectorate may feel that a public inquiry is needed if an application has attracted a lot of public interest.

Can I apply for costs?
It is possible to apply for a partial or full award of costs against the council’s decision. This normally covers any professional costs associated with submitting the planning appeal.

However, most applications do not result in a costs application. Costs are only given when one party has acted unreasonably. Grounds for costs can includes:
•    Ignoring relevant national plan policy,
•    Continued objections to a scheme despite the fact that this has already been deemed to be acceptable by a previous inspector
•    Not determining cases in a like for like manner
•    Reliance on policy that is no longer relevant or has been superseded.

Depending on how your case has been handled we can tell you whether you may be eligible for a cost award.