When a refusal is issued by a local authority they are duty bound to give reasons for the refusal. If the reasons for a refusal can be addressed you have the option of re-submitting the application within 12 months of registration free of charge. If you feel the Local Authority have been unreasonable in considering your proposals you have the option to go to Appeal.
There are three methods of Appeal:
Written Representations- The appellants representative and the council prepare written statements for the planning inspectorate to consider. The Inspectorate will visit the site and then issue a decision.
Hearing – Where the planning issues are quite straight forward an informal hearing may be called with the agreement of both parties. This is a discussion of the issues involved between the council and appellant which is led by the Planning Inspectorate.
Public Inquiry – Both parties presents its case verbally before an Inspectorate and the witnesses for each side can be cross-examined by the opposing parties. Public inquiries are usually a costly and lengthy procedure as it normally requires professional representation to argue complex issues.
Appeals generally should be lodged within 12 weeks of the refusal date for householder appeals and 28 weeks for others. The majority of appeals are by ‘written representation’ as this process is the quickest, cheapest and most straight forward method of appealing a decision.
