Full Planning Appeal Services
Written Representation appeal
A written representation appeal is the quickest method and is used for some seventy five percent of appeals. An appeal must normally be submitted within six months of the decision notice being issued. The Planning Inspectorate appoints an Inspector to hear the appeal and sets a start date. Supporting information is submitted by the Local Planning Authority, the appellant and any interested parties. The Local Planning Authority and the appellant may view each others information, but there is no opportunity for cross examination. The Inspector then carries out a site visit. A regulatory timetable requires all information to be submitted within nine weeks of the start date.
What is a planning appeal?
A written representation appeal is the quickest method and is used for some 75% of appeals. An appeal must normally be submitted within six months of the decision notice being issued. The Planning and Environment Decisions Wales appoints an Inspector to hear the appeal and sets a start date. Supporting information is submitted by the Local Planning Authority, the appellant and any interested parties. The Local Planning Authority and the appellant may view each others information, but there is no opportunity for cross-examination. The Inspector then carries out a site visit. A regulatory timetable requires all information to be submitted within nine weeks of the start date.
Where an application has been rejected by a Local Planning Authority, the applicant has the right of appeal to the Secretary of State. In practice, the normal procedure is for the appeal to be decided by a planning inspector in the name of the Secretary of State, either after considering written representations, holding an informal hearing or holding a full inquiry. The choice of procedure will depend upon the complexity of the case and will be determined by the planning inspector. The Secretary of State also has powers to “recover” an appeal, to take the decision himself.
MAPlanning can prepare, submit and manage an appeal on your behalf using many years of experience and a history of a high rate of success.
What can be appealed?
Applicants may appeal on a range of grounds. These include where the Local Planning Authority has:
- Refused planning permission;
- Granted planning permission but imposed conditions;
- Been unable to decide an application within the time allowed; and
- Asked for further information before an outline planning application could be decided.
At the moment, MAPlanning provides planning appeal services for home owner and written representation procedure appeals only. Please get in touch if you wish to enquire regarding other appeal procedures.
Is there a right of appeal against enforcement action?
There is a right of appeal against an Enforcement Notice, but not against a Breach of Condition Notice or a Stop Notice An appeal against a notice may be made to the Welsh Government during the 28 day period before it comes into effect. The grounds for appeal include that planning permission ought to be granted for the activities cited in the enforcement notice or that the implied breach of planning control has not taken place.
What is the Planning Inspectorate?
In Wales, the appeals are determined by the Planning and Environment Decisions Wales and are now completely separate from the previous Planning Inspectorate, which still deals with planning appeals in England. The Welsh body's duties include responsibility for the processing of planning and enforcement appeals, holding public examinations into Local Development Plans and reporting on planning applications called in for decision by the Welsh Ministers. It also now considers certain National Significant Infrastructure Projects in Wales.