The Right of Appeal
Appeal Procedure for Applicants when Appealing to the Planning Inspectorate
1. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse Planning Permission or Listed Building consents for the proposed development; or to grant permission or consent subject to conditions, he/she may appeal to the Planning Inspectorate, Department of the Environment, in accordance with Section 78(1) of the Town and Country Planning Act 1990 (as amended), and Section 20(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. For applications registered on or after 05 September 2003 appeals should be made within 3 months of the date of the planning decision notice. Where an application was registered before 05 September 2003 appeals can be made within 6 months of the date of the planning decision notice.
Appeals must be made on a form which is obtainable from: -
Customer Support Unit,
3/15A Eagle Wing,
Temple Quay House,
2 The Square,
Temple Quay,
Bristol. BS1 6PN.
email:- enquiries.pins@gtnet.gov.uk
The Planning Inspectorate, Department of the Environment is not required to entertain an appeal if it appears to them that permission for the proposed development could not have been granted by the Local Planning Authority; or could not have been granted other than subject to the conditions imposed by them, having regard to the statutory requirements*, to the provisions of the Development Order, and to any directions given under the order.
2. If permission to develop land is refused or granted subject to conditions, whether by the Local Planning Authority or by the Planning Inspectorate, Department of the Environment, and the owner of the land claims that the land has become incapable of reasonable beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he/she may serve on the Council of the District of London Borough in which the land is situated, as the case may be, a purchase notice requiring the Council to purchase his interest on the land in accordance with the provisions of Part VI Chapter 1 of the Town and Country Planning Act 1990 (as amended).
Procedure for Advertisement Appeals
In the case of applications submitted under the Town and Country Planning (Control of Advertisements) Regulations 1992, an appeal to the Planning Inspectorate, Department of the Environment must be submitted within eight weeks of the date of the planning decision notice.
Appeals must be made on a form which is obtainable from: -
The Planning Inspectorate
Department of the Environment
Room TX308
Tollgate House
Houlton Street
Bristol BS2 9DJ
Appeals are dealt with in one of three ways:-
Written Representations Most appeals are dealt with by an exchange of written statements and a site visit by an Inspector appointed by the Department of the Environment.
Public Inquiry Instead of putting your argument in writing you can put your views verbally at a Public Inquiry chaired by an Inspector appointed by the Department of the Environment. Usually you and the Council are legally represented.
Informal Hearing This is a simplified and shortened form of Public Inquiry, where there is usually no, legal representation, and where the Inspector chairs a structured discussion on what he considers are the main issues.
If you require any further information or assistance in connection with Appeal procedures please do not hesitate to contact the Planning Unit on (01271) 388296.
*The statutory requirements are those set out in Section 79(6) of the Town and Country Planning Act 1990 (as amended).
Appeal Procedure for Applicants when Appealing to the Planning Inspectorate
1. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse Planning Permission or Listed Building consents for the proposed development; or to grant permission or consent subject to conditions, he/she may appeal to the Planning Inspectorate, Department of the Environment, in accordance with Section 78(1) of the Town and Country Planning Act 1990 (as amended), and Section 20(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. For applications registered on or after 05 September 2003 appeals should be made within 3 months of the date of the planning decision notice. Where an application was registered before 05 September 2003 appeals can be made within 6 months of the date of the planning decision notice.
Appeals must be made on a form which is obtainable from: -
Customer Support Unit,
3/15A Eagle Wing,
Temple Quay House,
2 The Square,
Temple Quay,
Bristol. BS1 6PN.
email:- enquiries.pins@gtnet.gov.uk
The Planning Inspectorate, Department of the Environment is not required to entertain an appeal if it appears to them that permission for the proposed development could not have been granted by the Local Planning Authority; or could not have been granted other than subject to the conditions imposed by them, having regard to the statutory requirements*, to the provisions of the Development Order, and to any directions given under the order.
2. If permission to develop land is refused or granted subject to conditions, whether by the Local Planning Authority or by the Planning Inspectorate, Department of the Environment, and the owner of the land claims that the land has become incapable of reasonable beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he/she may serve on the Council of the District of London Borough in which the land is situated, as the case may be, a purchase notice requiring the Council to purchase his interest on the land in accordance with the provisions of Part VI Chapter 1 of the Town and Country Planning Act 1990 (as amended).
Procedure for Advertisement Appeals
In the case of applications submitted under the Town and Country Planning (Control of Advertisements) Regulations 1992, an appeal to the Planning Inspectorate, Department of the Environment must be submitted within eight weeks of the date of the planning decision notice.
Appeals must be made on a form which is obtainable from: -
The Planning Inspectorate
Department of the Environment
Room TX308
Tollgate House
Houlton Street
Bristol BS2 9DJ
Appeals are dealt with in one of three ways:-
Written Representations Most appeals are dealt with by an exchange of written statements and a site visit by an Inspector appointed by the Department of the Environment.
Public Inquiry Instead of putting your argument in writing you can put your views verbally at a Public Inquiry chaired by an Inspector appointed by the Department of the Environment. Usually you and the Council are legally represented.
Informal Hearing This is a simplified and shortened form of Public Inquiry, where there is usually no, legal representation, and where the Inspector chairs a structured discussion on what he considers are the main issues.
If you require any further information or assistance in connection with Appeal procedures please do not hesitate to contact the Planning Unit on (01271) 388296.
*The statutory requirements are those set out in Section 79(6) of the Town and Country Planning Act 1990 (as amended).
