The planning application appeal process can appear to be quite complex and understanding the rules is essential if you are to win. As the appeal process can be very involved, and can result in many changes to your application, this guide should give you a brief overview of the major steps that you need to take. It is important to note that we are discussing appeals to planning applications here and not appeals against planning enforcement notices.
The official form- there is no statutory form to be used in the planning appeal process, but there is a check list that can be used as the cover page in an appeal. It is called the 'Planning Appeal Form/Check List'. The form offers users a guide, which can be followed step-by-step in order to ensure that your appeal will be valid. It is important that you make a valid appeal, as only you can affect this process.
Who should appeal?- If you have a current application for planning permission that has been rejected and have made a submission in writing to the planning authority (in accordance with the permission regulations) then you can appeal. There are exceptions to the requirement, which are laid out on the official website.
Time limit for appeal- the planning appeal process does have a time limit, unless the person is granted leave to appeal by the board. Usually the appeal needs to be sent to the Planning Inspectorate inside twelve weeks from the day the original decision was made by the planning authority. However there are some variations in the time scales for particular cases. It is very important that you determine the date correctly in order to get your planning appeal in on time. Failure to do so could cost you dearly.
It should be noted that the Planning Inspectorate is unable to accept or deal with any late appeals, for whatever reason. Any planning appeal made outside the time frame given above will be deemed as invalid and simply ignored.
How to appeal- you can complete the appeal form on-line or off-line in writing. You can deliver the planning appeal form in person or send it via the postal service. It is important that the appeal is fully complete from the start, as you cannot made edits at a later date, even to clarify or elaborate on sections at a later date.
When you send your appeal, you need to include your own name and address, or in the case of an agent (acting on your behalf), the agent's name and address must be stated clearly. Within the planning appeal form, it is key that you include the relevant details that will allow the board to recognise the subject of the appeal.
What does it cost?- There is no fee directly associated with a planning appeal.
However if you have an agent, then it they are likely to require payment for their services. Check the terms of your agreement with them and seek confirmation of their charges before proceeding.
How long does it take?- You will need to wait up to eight weeks for the Planning Inspectorate's decision, and you should note that the decision is final. You will know that a decision is made to grant permission or to refuse permission when you are notified.
Let the planning experts handle your planning appeals. Visit http://www.marrons.net/ for all your planning and legal support.
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