What happens if I get a refusal of Planning Permission?
16 May 2018 by Sharon Smith
Whilst the numbers of planning permissions granted for additional new homes may be rising, there remains a need for further new homes to meet the Government’s housing target.
Not all applications will be approved, and sometimes a client may decide to pursue a Planning Appeal.
Planning Appeals can be submitted where an application has been refused planning permission or where a planning condition is deemed unacceptable.
Planning Appeals can be dealt with by one of three procedures: 1) written representations through a formal exchange of statements; 2) a hearing with a formal statement exchange followed by a round table discussion; or 3) by a Planning Inquiry where proofs of evidence are submitted and where evidence may be formally given under Oath. Advocates are often employed with a Public Inquiry and cross examination can take place.
There is also the Householder Appeal route where the appellant provides a written statement. There is a reduced time period for lodging an Appeal with a Householder Appeal and where a Householder Appeal relates solely to works to a single dwellinghouse.
The Planning Appeal process operates under strict deadlines, which cannot be modified/changed. Once an Appeal is submitted and the start letter is issued by the Planning Inspectorate you will be required to follow the given deadlines, extensions will not normally be granted.
The Appeal process is conducted by an Inspector from the Planning Inspectorate, independent from the Local Authority. The Inspector considers the matter (by one of the three procedures), alongside the statements from the parties, including any third party comments, carries out a site inspection and issues the Appeal Decision.
If the Appeal is allowed, planning permission is effectively granted for the proposal, subject to conditions, in the same way as it would be if granted by the Local Planning Authority.
If the Appeal is dismissed there may still be signposts within the Inspector’s Decision, which may give direction for a further planning application.
Sharon regularly submits Planning and Enforcement Appeals on behalf of our private clients. Please contact her on 01206 704043 or [email protected] to discuss how she may be able to advise you on these issues.
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