You may appeal in three
circumstances
- if your
planning application has been refused;
- if conditions
that you object to have been imposed on a permission; or
- if a decision
has not been made within the 8 weeks of the submission of your
application.
You have to
appeal within 6 months of any decision made by the council and
all appeals have to be made on the relevant forms that are only
available from the Planning Inspectorate.
In some circumstances
the objections of the Council can be overcome through negotiation
and amendment, quite often this can prove to be the quickest
and most effective way of proceeding. PHD can advise whether
it is likely that amendments will be acceptable or if there are
grounds for appeal.
Development
appraisals
PHD
offer advice on all aspects of the planning
system including the fundamental question of the potential of the
land.
Questions
such as:
Is the land suitable for development?
What are the planning restrictions?
What is the appropriate mechanism to maximise the use/value of the land?
Local
Plan Representations
The development plan is the key
to any future plans you may have regarding your property
It is essential that landowners have an input into the development
plan process in order to shape future planning policy. We can make
representations and appear
at the Local Plan Inquiry in order to advocate changes in policy, address
clients needs for example promote sites for housing or making efficient
use of urban land.
Many representations involve issues such as the Green Belt including
the position of the boundary and the scope of the use of land or buildings
within the boundary. |
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There are three types
of appeal
Written
representations
This is the most straightforward, common
and quickest method. Both parties submit written
statements and the Inspector then visits the site and makes
a decision.
Both parties meet their own expenses
Informal hearing
An Inspector, appointed by the Secreatry
of State for the Communities, holds a hearing and all parties,
including neighbour's etc.can
make submissions,
the
parties then discuss their cases and the Inspector makes
a decision
based on the submissions and a site visit. An award of
costs can be made against any party that the Inspector
considers
have behaved unreasonably Public
inquiry
A formal quasi judicial setting were parties can cross
examine one another. Often parties are represented by solicitors
and /or barristers as well as planning consultants. Costs can be
awarded against a party that has acted unreasonably. Inquiries
are normally reserved for complex applications or where evidence
is disputed or has to be heard under oath.
Planning
applications
Do
your proposals require planning permission?
If you need planning permission we can advise on the best way to present an application
and can provide an inclusive package from initial concept through to planning
application or appeal. You
will need to submit a planning application if you propose to do the following:
- change
the use of land or buildings
- extend existing
buildings
- works to
listed building
- erect new
or replacement buildings
- advertising
/hoardings/signs
- alter the
appearance of many buildings
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