Planning appeal - Revision history

Designing Buildings at 09:22, 15 November 2024

2024-11-15T09:22:50Z

← Older revision		Revision as of 09:22, 15 November 2024
Line 15:		Line 15:
	Detailed procedures for making an appeal vary depending on the nature of the application, but generally the two parties to the appeal (usually the applicant and the local planning authority) will be expected to provide information to support their cases. The inspector will tell the parties what the timetable is for this information to be provided. The inspector will usually visit the site, and may hold a hearing. Some appeals, in particular those dealing with bigger developments, may be heard by public inquiry.		Detailed procedures for making an appeal vary depending on the nature of the application, but generally the two parties to the appeal (usually the applicant and the local planning authority) will be expected to provide information to support their cases. The inspector will tell the parties what the timetable is for this information to be provided. The inspector will usually visit the site, and may hold a hearing. Some appeals, in particular those dealing with bigger developments, may be heard by public inquiry.

−	There is generally no fee for making an appeal (apart from enforcement appeals). Parties to appeals are normally expected to meet their own expenses, however where one party has behaved ‘unreasonably’ and has caused another party to incur unnecessary expense, an application for costs can be made and the Secretary of State or the inspector may make an award of costs. Awards of costs must be ‘reasonable’ and ~~from October 2013, costs~~ may be awarded both on application and at the initiative of the inspector.	+	There is generally no fee for making an appeal (apart from enforcement appeals). Parties to appeals are normally expected to meet their own expenses, however where one party has behaved ‘unreasonably’ and has caused another party to incur unnecessary expense, an application for costs can be made and the Secretary of State or the inspector may make an award of costs. Awards of costs must be ‘reasonable’ and may be awarded both on application and at the initiative of the inspector.
		+
		+	A draft statement of common ground (SoCG) is a written statement containing factual information about the proposal which is the subject of the appeal that the appellant reasonably considers will not be disputed by the local planning authority. SoCG can be extremely valuable to inspectors and can improve the effectiveness and efficiency of the process. The guidance is intended to assist all professional representatives and expert witnesses in compliance with their duty to assist the inspector. For more information see: Statement of common ground

	The delay to a project associated with making an appeal may have significant implications. The time from submitting an appeal to getting a decision may be several months.		The delay to a project associated with making an appeal may have significant implications. The time from submitting an appeal to getting a decision may be several months.
Line 45:		Line 47:
	For more information see: Rosewell Review.		For more information see: Rosewell Review.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Detailed planning permission.		* Detailed planning permission.
Line 62:		Line 64:
	* Planning related applications for judicial review.		* Planning related applications for judicial review.
	* Rosewell Review.		* Rosewell Review.
		+	* Statement of common ground.
	* Statutory approvals.		* Statutory approvals.
	* Statutory authorities.		* Statutory authorities.

Designing Buildings at 12:34, 6 October 2020

2020-10-06T12:34:33Z

← Older revision		Revision as of 12:34, 6 October 2020
Line 66:		Line 66:
	* Stop notice.		* Stop notice.

−	[[Category:Planning_permission]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Planning_permission]]

Designing Buildings at 14:51, 18 February 2020

2020-02-18T14:51:44Z

← Older revision		Revision as of 14:51, 18 February 2020
Line 42:		Line 42:

	On 14 May 2019, the Planning Inspectorate published its action plan to implement the recommendations of the inquiries review. Ref [https://www.gov.uk/government/news/inquiries-review-action-plan https://www.gov.uk/government/news/inquiries-review-action-plan]		On 14 May 2019, the Planning Inspectorate published its action plan to implement the recommendations of the inquiries review. Ref [https://www.gov.uk/government/news/inquiries-review-action-plan https://www.gov.uk/government/news/inquiries-review-action-plan]
		+
		+	For more information see: Rosewell Review.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

−	* Consultation process.
−	* Delegated powers.
−	* Design and access statements.
	* Detailed planning permission.		* Detailed planning permission.
	* Enforcement notice.		* Enforcement notice.
Line 62:		Line 61:
	* Recovered planning appeal.		* Recovered planning appeal.
	* Planning related applications for judicial review.		* Planning related applications for judicial review.
		+	* Rosewell Review.
	* Statutory approvals.		* Statutory approvals.
	* Statutory authorities.		* Statutory authorities.

Designing Buildings at 10:23, 14 May 2019

2019-05-14T10:23:19Z

← Older revision		Revision as of 10:23, 14 May 2019
Line 13:		Line 13:
	Time limits for appeals vary depending on the nature of the application, but for a standard planning application for a commercial development, appeals must be made within 6 months of the date of the decision notice.		Time limits for appeals vary depending on the nature of the application, but for a standard planning application for a commercial development, appeals must be made within 6 months of the date of the decision notice.

−	Detailed procedures for making an appeal vary depending on the nature of the application, but generally the two parties to the appeal (usually the applicant and the local planning authority) will be expected to provide information to support their cases. The inspector will tell the parties what the timetable is for this information to be provided. The inspector will usually visit the site, and may hold a hearing or inquiry.	+	Detailed procedures for making an appeal vary depending on the nature of the application, but generally the two parties to the appeal (usually the applicant and the local planning authority) will be expected to provide information to support their cases. The inspector will tell the parties what the timetable is for this information to be provided. The inspector will usually visit the site, and may hold a hearing. Some appeals, in particular those dealing with bigger developments, may be heard by public inquiry.

	There is generally no fee for making an appeal (apart from enforcement appeals). Parties to appeals are normally expected to meet their own expenses, however where one party has behaved ‘unreasonably’ and has caused another party to incur unnecessary expense, an application for costs can be made and the Secretary of State or the inspector may make an award of costs. Awards of costs must be ‘reasonable’ and from October 2013, costs may be awarded both on application and at the initiative of the inspector.		There is generally no fee for making an appeal (apart from enforcement appeals). Parties to appeals are normally expected to meet their own expenses, however where one party has behaved ‘unreasonably’ and has caused another party to incur unnecessary expense, an application for costs can be made and the Secretary of State or the inspector may make an award of costs. Awards of costs must be ‘reasonable’ and from October 2013, costs may be awarded both on application and at the initiative of the inspector.
Line 19:		Line 19:
	The delay to a project associated with making an appeal may have significant implications. The time from submitting an appeal to getting a decision may be several months.		The delay to a project associated with making an appeal may have significant implications. The time from submitting an appeal to getting a decision may be several months.

−	~~However, in~~ October 2013, changes were introduced intended to speed up the appeals process, with an expectation that 80% of written representation appeals should be decided within 14 weeks and 80% of non-bespoke inquiries within 22 weeks:	+	Planning appeals may require additional services from the consultant team not covered by their initial appointment.
		+
		+	= 2013 Reform =
		+
		+	In October 2013, changes were introduced intended to speed up the appeals process, with an expectation that 80% of written representation appeals should be decided within 14 weeks and 80% of non-bespoke inquiries within 22 weeks:

	At the point of launching their appeal, developers must present a full statement of their case (a written statement setting out full particulars of the case and copies of any documents that will be referred to or put in evidence), an explanation of the choice of procedure, and if there is likely to be a hearing or inquiry, a draft statement of common ground (a written statement setting out information about the proposal that it is not expected will be disputed by the local planning authority). The appeal will not be validated unless the developer complies with this requirement.		At the point of launching their appeal, developers must present a full statement of their case (a written statement setting out full particulars of the case and copies of any documents that will be referred to or put in evidence), an explanation of the choice of procedure, and if there is likely to be a hearing or inquiry, a draft statement of common ground (a written statement setting out information about the proposal that it is not expected will be disputed by the local planning authority). The appeal will not be validated unless the developer complies with this requirement.

	The planning authority must respond within one week with a questionnaire, reach an agreement on any statement of common ground within five weeks, and submit its final comments within seven weeks.		The planning authority must respond within one week with a questionnaire, reach an agreement on any statement of common ground within five weeks, and submit its final comments within seven weeks.
−
−	~~Planning appeals may require additional services from the consultant team not covered by their initial appointment.~~

	Complaints against appeals decisions are dealt with by the Planning Inspectorate’s Quality Assurance Unit. It is only possible to challenge appeals decisions in the High Court by showing that the Planning Inspectorate has misinterpreted the law. The Planning Inspectorate will then look at the decision again, but it will not necessarily be reversed. Applications to challenge decisions must be received by the Administrative Court within 42 days from the date of the decision.		Complaints against appeals decisions are dealt with by the Planning Inspectorate’s Quality Assurance Unit. It is only possible to challenge appeals decisions in the High Court by showing that the Planning Inspectorate has misinterpreted the law. The Planning Inspectorate will then look at the decision again, but it will not necessarily be reversed. Applications to challenge decisions must be received by the Administrative Court within 42 days from the date of the decision.

−	~~NB:~~ In July 2014, the government announced that it would give particular scrutiny to planning appeals in, or close to, neighbourhood plan areas, considering recovery of appeals for '...proposals for residential development of over 10 units in areas where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority: or where a neighbourhood plan has been made'. (Ref. Written ministerial statement, 10 July 2014.)	+	= Ongoing review =
		+
		+	In July 2014, the government announced that it would give particular scrutiny to planning appeals in, or close to, neighbourhood plan areas, considering recovery of appeals for '...proposals for residential development of over 10 units in areas where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority: or where a neighbourhood plan has been made'. (Ref. Written ministerial statement, 10 July 2014.)

	In June 2018, Communities Secretary Rt. Hon James Brokenshire MP appointed Bridget Rosewell to chair an independent review into planning appeal inquiries. The review was set up with the aim of reducing the time it takes to determine inquiries established to resolve disputed planning proposals, whilst still ensuring quality decision making.		In June 2018, Communities Secretary Rt. Hon James Brokenshire MP appointed Bridget Rosewell to chair an independent review into planning appeal inquiries. The review was set up with the aim of reducing the time it takes to determine inquiries established to resolve disputed planning proposals, whilst still ensuring quality decision making.

Designing Buildings at 10:16, 14 May 2019

2019-05-14T10:16:24Z

← Older revision		Revision as of 10:16, 14 May 2019
Line 36:		Line 36:

	In March 2019 it was announced that the Planning Inspectorate would run a pilot scheme for inquiries in response to the recommendations of the inquiries review. Ref [https://www.gov.uk/government/news/inquiries-review https://www.gov.uk/government/news/inquiries-review]		In March 2019 it was announced that the Planning Inspectorate would run a pilot scheme for inquiries in response to the recommendations of the inquiries review. Ref [https://www.gov.uk/government/news/inquiries-review https://www.gov.uk/government/news/inquiries-review]
		+
		+	On 14 May 2019, the Planning Inspectorate published its action plan to implement the recommendations of the inquiries review. Ref [https://www.gov.uk/government/news/inquiries-review-action-plan https://www.gov.uk/government/news/inquiries-review-action-plan]

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings at 13:56, 20 March 2019

2019-03-20T13:56:57Z

← Older revision		Revision as of 13:56, 20 March 2019
Line 11:		Line 11:
	* Advertisement appeal.		* Advertisement appeal.

−	Time limits for appeals vary depending on the nature of the application, but for a standard planning application for a commercial development, appeals must be made within 6 months of the date of the decision notice~~. (See Planning Portal: [http://www.planningportal.gov.uk/planning/appeals/guidance/timelimits Appeal time limits] for more information)~~.	+	Time limits for appeals vary depending on the nature of the application, but for a standard planning application for a commercial development, appeals must be made within 6 months of the date of the decision notice.

−	Detailed procedures for making an appeal vary depending on the nature of the application ~~(see Planning Portal: [http://www.planningportal.gov.uk/planning/appeals/online/makeanappeal Make an appeal])~~, but generally the two parties to the appeal (usually the applicant and the local planning authority) will be expected to provide information to support their cases. The inspector will tell the parties what the timetable is for this information to be provided. The inspector will usually visit the site, and may hold a hearing or inquiry.	+	Detailed procedures for making an appeal vary depending on the nature of the application, but generally the two parties to the appeal (usually the applicant and the local planning authority) will be expected to provide information to support their cases. The inspector will tell the parties what the timetable is for this information to be provided. The inspector will usually visit the site, and may hold a hearing or inquiry.

	There is generally no fee for making an appeal (apart from enforcement appeals). Parties to appeals are normally expected to meet their own expenses, however where one party has behaved ‘unreasonably’ and has caused another party to incur unnecessary expense, an application for costs can be made and the Secretary of State or the inspector may make an award of costs. Awards of costs must be ‘reasonable’ and from October 2013, costs may be awarded both on application and at the initiative of the inspector.		There is generally no fee for making an appeal (apart from enforcement appeals). Parties to appeals are normally expected to meet their own expenses, however where one party has behaved ‘unreasonably’ and has caused another party to incur unnecessary expense, an application for costs can be made and the Secretary of State or the inspector may make an award of costs. Awards of costs must be ‘reasonable’ and from October 2013, costs may be awarded both on application and at the initiative of the inspector.

−	The delay to a project associated with making an appeal may have significant implications. The time from submitting an appeal to getting a decision may be several months~~. Details of current handling times can be found on the [http://www.planningportal.gov.uk/planning/appeals/guidance/handlingtimes handling times page of the Planning Portal]~~.	+	The delay to a project associated with making an appeal may have significant implications. The time from submitting an appeal to getting a decision may be several months.

	However, in October 2013, changes were introduced intended to speed up the appeals process, with an expectation that 80% of written representation appeals should be decided within 14 weeks and 80% of non-bespoke inquiries within 22 weeks:		However, in October 2013, changes were introduced intended to speed up the appeals process, with an expectation that 80% of written representation appeals should be decided within 14 weeks and 80% of non-bespoke inquiries within 22 weeks:
Line 59:		Line 59:
	* Statutory authorities.		* Statutory authorities.
	* Stop notice.		* Stop notice.
−
−	~~= External references =~~
−
−	* Planning portal: [http://www.planningportal.gov.uk/planning/appeals/guidance/guidancecontent Latest updates for appeal parties]. 3 October 2013.
−	* [http://www.planningportal.gov.uk/planning/appeals Planning Portal: Planning appeals].
−	* [http://www.planningportal.gov.uk/planning/appeals/guidance/appealsoverview Planning Portal: Appeals overview.]
−	* [http://www.planningportal.gov.uk/planning/appeals/inquiries/ Planning Portal: Inquiries.]
−	* [http://www.communities.gov.uk/documents/planningandbuilding/pdf/costawardsinplanningappeals.pdf Department for Communities and Local Government: Cost awards in planning appeals].

	[[Category:Planning_permission]]		[[Category:Planning_permission]]

Designing Buildings at 06:53, 14 March 2019

2019-03-14T06:53:06Z

← Older revision		Revision as of 06:53, 14 March 2019
Line 34:		Line 34:

	In February 2019, the government publish the findings of the independent review into planning appeal inquiries (the Rosewell Report) which proposed driving down the time taken to decide appeals from 47 to 26 weeks. Ref [https://www.gov.uk/government/news/appeal-decisions-could-be-cut-by-5-months https://www.gov.uk/government/news/appeal-decisions-could-be-cut-by-5-months]		In February 2019, the government publish the findings of the independent review into planning appeal inquiries (the Rosewell Report) which proposed driving down the time taken to decide appeals from 47 to 26 weeks. Ref [https://www.gov.uk/government/news/appeal-decisions-could-be-cut-by-5-months https://www.gov.uk/government/news/appeal-decisions-could-be-cut-by-5-months]
		+
		+	In March 2019 it was announced that the Planning Inspectorate would run a pilot scheme for inquiries in response to the recommendations of the inquiries review. Ref [https://www.gov.uk/government/news/inquiries-review https://www.gov.uk/government/news/inquiries-review]

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings at 07:29, 12 February 2019

2019-02-12T07:29:27Z

← Older revision		Revision as of 07:29, 12 February 2019
Line 31:		Line 31:
	NB: In July 2014, the government announced that it would give particular scrutiny to planning appeals in, or close to, neighbourhood plan areas, considering recovery of appeals for '...proposals for residential development of over 10 units in areas where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority: or where a neighbourhood plan has been made'. (Ref. Written ministerial statement, 10 July 2014.)		NB: In July 2014, the government announced that it would give particular scrutiny to planning appeals in, or close to, neighbourhood plan areas, considering recovery of appeals for '...proposals for residential development of over 10 units in areas where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority: or where a neighbourhood plan has been made'. (Ref. Written ministerial statement, 10 July 2014.)

−	In June 2018, Communities Secretary Rt. Hon James Brokenshire MP appointed Bridget Rosewell to chair an ~~Independent Review~~ into ~~Planning Appeal Inquiries~~. The review ~~has been~~ set up with the aim of reducing the time it takes to determine inquiries established to resolve disputed planning proposals, whilst ensuring quality decision making.	+	In June 2018, Communities Secretary Rt. Hon James Brokenshire MP appointed Bridget Rosewell to chair an independent review into planning appeal inquiries. The review was set up with the aim of reducing the time it takes to determine inquiries established to resolve disputed planning proposals, whilst still ensuring quality decision making.

−	~~= Find out more =~~	+	In February 2019, the government publish the findings of the independent review into planning appeal inquiries (the Rosewell Report) which proposed driving down the time taken to decide appeals from 47 to 26 weeks. Ref [https://www.gov.uk/government/news/appeal-decisions-could-be-cut-by-5-months https://www.gov.uk/government/news/appeal-decisions-could-be-cut-by-5-months]

−	=== Related articles on Designing Buildings Wiki ===	+	= Related articles on Designing Buildings Wiki =

	* Consultation process.		* Consultation process.
Line 58:		Line 58:
	* Stop notice.		* Stop notice.

−	=== External references ===	+	= External references =

	* Planning portal: [http://www.planningportal.gov.uk/planning/appeals/guidance/guidancecontent Latest updates for appeal parties]. 3 October 2013.		* Planning portal: [http://www.planningportal.gov.uk/planning/appeals/guidance/guidancecontent Latest updates for appeal parties]. 3 October 2013.

Designing Buildings at 13:05, 22 June 2018

2018-06-22T13:05:40Z

← Older revision		Revision as of 13:05, 22 June 2018
Line 30:		Line 30:

	NB: In July 2014, the government announced that it would give particular scrutiny to planning appeals in, or close to, neighbourhood plan areas, considering recovery of appeals for '...proposals for residential development of over 10 units in areas where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority: or where a neighbourhood plan has been made'. (Ref. Written ministerial statement, 10 July 2014.)		NB: In July 2014, the government announced that it would give particular scrutiny to planning appeals in, or close to, neighbourhood plan areas, considering recovery of appeals for '...proposals for residential development of over 10 units in areas where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority: or where a neighbourhood plan has been made'. (Ref. Written ministerial statement, 10 July 2014.)
		+
		+	In June 2018, Communities Secretary Rt. Hon James Brokenshire MP appointed Bridget Rosewell to chair an Independent Review into Planning Appeal Inquiries. The review has been set up with the aim of reducing the time it takes to determine inquiries established to resolve disputed planning proposals, whilst ensuring quality decision making.

	= Find out more =		= Find out more =

Editor at 13:03, 14 March 2018

2018-03-14T13:03:42Z

← Older revision		Revision as of 13:03, 14 March 2018
Line 29:		Line 29:
	Complaints against appeals decisions are dealt with by the Planning Inspectorate’s Quality Assurance Unit. It is only possible to challenge appeals decisions in the High Court by showing that the Planning Inspectorate has misinterpreted the law. The Planning Inspectorate will then look at the decision again, but it will not necessarily be reversed. Applications to challenge decisions must be received by the Administrative Court within 42 days from the date of the decision.		Complaints against appeals decisions are dealt with by the Planning Inspectorate’s Quality Assurance Unit. It is only possible to challenge appeals decisions in the High Court by showing that the Planning Inspectorate has misinterpreted the law. The Planning Inspectorate will then look at the decision again, but it will not necessarily be reversed. Applications to challenge decisions must be received by the Administrative Court within 42 days from the date of the decision.

−	NB: In July 2014, the government announced that it would give particular scrutiny to planning appeals in, or close to, neighbourhood plan areas, considering recovery of appeals for '...proposals for residential development of over 10 units in areas where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority: or where a neighbourhood plan has been made'. Ref. Written ministerial statement, 10 July 2014.	+	NB: In July 2014, the government announced that it would give particular scrutiny to planning appeals in, or close to, neighbourhood plan areas, considering recovery of appeals for '...proposals for residential development of over 10 units in areas where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority: or where a neighbourhood plan has been made'. (Ref. Written ministerial statement, 10 July 2014.)

	= Find out more =		= Find out more =
Line 36:		Line 36:

	* Consultation process.		* Consultation process.
		+	* Delegated powers.
	* Design and access statements.		* Design and access statements.
	* Detailed planning permission.		* Detailed planning permission.