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The Planning Appeals Process
Who can appeal?
Only an applicant who has submitted a planning application has the right of appeal to the Secretary of State for Communities and Local Government in the following circumstances:
- if a decision has not been reached within the set period, usually 8, 13 or 16 weeks of the application being received by the Council, or
- upon receipt of a decision notice either for refusal or approval (where the applicant is aggrieved by any condition imposed) within 6 months of the date of decision or 12 weeks from the date of decision if it is a Householder appeal or within 8 weeks of the date of decision if it is an advertisement application.
Please note that different timescales apply when the development is also subject to an enforcement notice.
- If an enforcement notice has been served before your planning application has been determined, the time limit to appeal is 28 days from the date of the notice giving our decision.
- If an enforcement notice is served after your planning application has been determined, the time limit to appeal is 28 days from the date of the enforcement notice is served upon you or within six months (12 weeks in the case of a householder appeal) of the date of the notice giving our decision, whichever period expires sooner.
Further details relating to timescales for appeals can be found on the Planning Inspectorate's website (external link).
It is the responsibility of the Planning Inspectorate (external link), working on behalf of the Secretary of State, to decide which of the 3 following appeal methods will be used and to come to a decision on a planning appeal lodged:
- by Written Representations - the applicant and the local authority will submit a written statement explaining their cases
- by an Informal Hearing - where the applicant and local authority submit their written statement of case and then meet informally with an Inspector to discuss the issues
- by a Public Local Inquiry - a formal process similar in operation to a court of law where the applicant and local authority may be legally represented and can be cross examined and call witnesses
Depending upon the method chosen, this will determine how long the process will take before The Planning Inspectorate issues an appeal decision.
Consultation on Appeals
Anyone initially consulted on a planning application or has written in with their representations will be notified in writing by the Council should an appeal be lodged. They can then write to The Planning Inspectorate giving their views on the planning application (with the exception of householder appeals). Once The Planning Inspectorate has made a decision, the Council will notify these people of that decision. The Planning Portal (external link)web pages contain further guidance about the planning appeal process.
Current Planning Appeals
Details of the Planning Inspectorate's appeal decision on a planning application can be viewed online under the relevant planning application number.
The Planning Inspectorate
The Planning Casework Service (external link) (PCS) has been developed and is managed by the Planning Inspectorate. You can now make, track and search for certain kinds of appeals online using this service.
Telephone: 01892 602470
Fax: 01892 602777
Wealden District Council
Planning and Building Control