If you are dissatisfied with the local authority’s decision on your planning application, you may be able to appeal to the National Assembly of Wales.
Who can appeal?
The only person who can lodge an appeal is the person who made the planning application.
Objectors to a planning application have no right to appeal, nor can an appeal be made by someone in support of a planning application that has been refused by the local planning authority.
When can I appeal?
You can appeal in the following circumstances:
If you are refused permission.
If we have failed to approve details of a scheme that has already received outline planning permission.
If in approving details of a scheme we have imposed conditions that you consider to be inappropriate.
If we have failed to determine your application within the time allowed for the type of application (usually 8 weeks).
If we have asked for additional information that we consider necessary to determine an outline application but that you consider being unnecessary.
Submitting a Planning Appeal
All Planning Appeal details must be received by the Planning Inspectorate, within 6 months of the date of the decision issued from the authority.
There are 3 ways of submitting an appeal:
This method is usually the simplest and most common procedure. You or your agent submit a full statement, in writing of your case, and the local authority does the same. Each party has the opportunity to see the others statement and make comments. The Inspector receives this information, makes a site visit and comes to a decision.
This is a formal procedure where discussions take place between the Inspector and the interested parties.
If you feel there are any particular points or statements from supporters that you feel would come across better at an Inquiry, then this is the best method to use. You can cross-examine or use a consultant chartered town planner. If you are going to the expense of an Inquiry it is usually better to seek professional advise on preparing and presenting your case.
How long will it take to receive a decision?
At present the Planning Inspectorate are aiming to issue decisions within approximately:
16 weeks (if your appeal is being dealt with by the written representations method)
22 weeks (if your appeal is being dealt with by the hearing method)
30 weeks (if your appeal is being dealt with by the inquiry method)
Can I challenge the decision?
You can only challenge on a point of law if you feel the requirements of the Planning Acts or rules of procedure have not been carried out.
All the relevant Planning appeal forms and related information are available from:
The Planning Inspectorate
Telephone: 029 20 823894
For further details please contact our Appeals Technician.
Telephone: 01443 494767
Email : Planningservices@rctcbc.gov.uk