Appeals Guide - direct access to expert appeals barrister

 

 

 

 

Do you need advice or representation

at your

Contact Ian Jones (email preferred):

legal@direct-barrister.com

Tel:  07771 961 962    Fax:  0116 312 0180

Advice can be provided urgently if required, but please note that Ian Jones does not provide a free legal advice service and will require a signed contract before undertaking any work.

Useful links:

 

planning appeal?

Planning appeals cover a wide range of disputes between landowners (or others with a legal interest in land) and their local council.  

 

Where a householder has been refused planning permission or the council has refused to vary or remove a condition of an existing permission, the simplified householder planning appeal process applies.  Appeals can be submitted to the national Planning Inspectorate by post or online and must arrive within 12 weeks of the date of the council’s decision notice.  These appeals are decided on written representations only, normally within 8 weeks of submission.  

 

Appeals against the council’s failure to decide an application, or against the grant of permission subject to conditions, together with appeals arising out of non-domestic applications, will be dealt with under the standard planning appeal process.  Again, these appeals can be submitted by post or online, within six months of the relevant decision (or from the date by which the council should have decided the application.)  Appeals proceed by written representations, or by a hearing or a formal planning inquiry.

 

There is a separate appeal form and different deadline for a listed building consent appeal.

 

Enforcement appeals must be submitted to the Planning Inspectorate (by post or online) before the date on which the enforcement notice would take effect.  As with standard planning appeals, detailed grounds of appeal must be included, explaining why the facts and relevant policies should lead to the appeal being allowed.  A fee may be payable if the appeal includes a deemed planning application.  Appeals can be dealt with by “written reps”, though hearings or inquiries are more frequent.  Legal representation is common at more complex appeals and enforcement appeals; costs orders are unusual.

 

The Planning Inspectorate also hears appeals for rights of way, common land, advertisements and permission to carry out works to protected trees, and a similar inquiry process applies to compulsory purchase orders.  Some other appeals proceed in the courts, e.g.  Tree Preservation Order (High Court) or Noise Abatement Appeals or certain pollution matters (Magistrates’ Court).

 

Planning Appeal Factsheet COMING SOON

Noise Pollution Appeal Factsheet COMING SOON

Planning Appeals & Environment Appeals