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Planning Appeals

Procedure

The applicant has a right of appeal to the Planning Inspectorate if:

  • No decision has been reached on the application within the statutory period (usually 8 weeks)
  • The application is refused
  • The applicant does not agree with one or more of the conditions on an approval.

Appeals are usually time consuming and, depending on which method of appeal you choose, can be expensive. Before you opt for this course of action, it is worth speaking to the planning officer who dealt with your application to see if there is scope to negotiate a compromise and submit an amended application.

If, however, an appeal is the only option, the applicant generally has six months from the date of the decision to appeal. Details of the appeal procedures and the time to lodge an appeal can be found in the "Notes" accompanying the decision notice, or by using the links to the Planning Portal and Planning Inspectorate below.

There are three ways in which an appeal can be dealt with:

  • Written Representations - this is the quickest method. The appellant and the Council prepare written statements for the Planning Inspectorate to consider. A Planning Inspector will visit the site and then issue a decision.
  • Informal Hearing - with the agreement of both parties and where the planning issues are quite straightforward an informal hearing may be called. This is a discussion of the issues involved between the parties which is led by the Planning Inspector.
  • Public Inquiry - each side presents its case verbally before an Inspector and the witnesses for each side can be cross-examined by the opposing parties. This is usually a more lengthy and expensive procedure as it normally involves professional representation and complex arguments.

Householder Appeals Procedure
For written representation appeals against the refusal of planning permission for a Householder Application there is a new fast track appeal process. This process only relates to applications registered on or after the 6th April 2009, and the main changes are:

  • Appeals must be lodged within 12 weeks of the decision date.
  • The Planning Inspector will only consider the planning application file (including the comments made by the public, consultees, and the officers report), and it will not be possible for the Local Planning Authority or other parties to submit new comments during the course of the appeal.
  • The Planning Inspectorate should issue a decision within 8 weeks.

More information about Householder appeals is available on the Planning Portal's website.

Inspector's Decision
The Inspector's decision is final and you have no further right of appeal except to the High Court on a point of law. There is no third party right of appeal other than on a point of law, although third parties can be involved in the appeal process and are asked for comments on an appeal.


The Planning Portal provides additional guidance as follows:

Last updated 19/04/2013

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Email: customerservices@kettering.gov.uk. Telephone: 01536 410333.

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