Services

Our aim is to enable clients to realise their personal, environmental or commercial objectives
by offering pragmatic advice, while guiding them through the development process.

Appeals

The range of services offered include the following:

  • Planning Appeals
  • Development Appraisals
  • Local Plan Representations
  • Detailed Negotiations
  • Legal Agreements
  • Enforcement Negotiations and Appeals
  • Third Party Representations


    • You may appeal in a number of circumstances

  • If your planning application has been refused.
  • If conditions that you object to have been imposed on a permission.
  • If a decision has not been made within 8 or 13 weeks of the submission of your application.
  • You have been served with an Enforcement Notice.

    • You have to appeal within 12 weeks for household development or 6 months of any decision made by the council, and all appeals have to be made to 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.

    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 normally meet their own expenses. Most householder appeals proceed on this basis.

    Hearing
    An Inspector, appointed by the Secreatry of State, holds a hearing and all parties, including neighbours etc.can make submissions, the parties then discuss their cases and the Inspector makes a decision based on the submissions and a site visit.

    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. Inquiries are normally reserved for complex applications or where evidence is disputed or has to be heard under oath. Phillip Hughes is a very experienced expert witness.

    Costs in appeals
    In all appeals the costs of the process do not follow the decision (unlike in the courts). However, should a party be held to have acted unreasonably, then regardless of outcome they could be liable to pay the costs of other parties.