Development Control - Planning Application Appeals

Summary

If you are unhappy with the Council's decision on your planning application, you may be able to appeal to the Secretary of State for the Environment. The Secretary of State will appoint an independent Inspector to consider your appeal. You can appeal against the refusal of planning permission or against a condition of planning permission which has been imposed by the Council

Alternatively, it may be possible in some cases to resolve any difficulties through negotiation with the Council. A revised application made within 12 months of the date of refusal would not normally require a new fee provided it is for the same site and of a similar development description.

Eligibility

Only the applicant can appeal against the Council's decision.The right of appeal does not extend to site owners if they themselves did not make the application or to third parties who opposed an application.

Procedure

How do I make an Appeal?

The notes section of the decision notice which you will have received from the Council tells you what to do. The appeal must be made on the official forms which are available from the Planning Inspectorate at 3/08a Kite Wing, Temple Quay, Bristol, BS1 6PN (Tel. 0117 3728612).

Alternatively you may contact the Planning Inspectorate through their website at www.planning-inspectorate.gov.uk

The appeal must be received by the Inspectorate within 6 months of the date of the decision notice. The Inspectorate may refuse to deal with an appeal made outside this time limit.

What sort of Appeal?

There are three kinds of appeal:

(a) Written Representations

This is the quickest and easiest method and therefore most common. Around 80% of appeals are dealt within this manner. The procedure is fairly straightforward. You should make a statement in support of your case on the forms provided by the Planning Inspectorate and the Council also make written comments. You have the chance to comment on the Council's case and vice versa. Neighbours and third parties who were originally consulted and anyone else who made representations about the application will be given the chance to comment.

(b) Public Inquiry

Public Inquiries take longer and the procedures are more complex. Consequently, most people seek professional planning and legal advice though this is not a requirement. The Inquiry itself will follow set formal procedures and the Inspector will ensure that everyone gets a chance to make their case. The public and other interested parties can attend and make comments. You are entitled to cross-examine the Council's witness and you may be cross-examined in return.

(c) Informal Hearings

Informal hearings follow less formal procedures than a Public Inquiry and often take the form of a discussion without cross-examination. The process will allow you to present your case to the Inspector in person without using professional planning and legal representatives. The public can attend but may only comments at the Inspector's discretion.

Will there be a site visit?

In order to make a decision the Inspector will visit the site. Following a Public Inquiry the Inspector will visit the site accompanied by the applicant and a representative of the Council. When an appeal is dealt with by written representations the Inspector will visit unaccompanied if the site can be seen from the highway or public land.

During the visit the Inspector may ask for clarification on matters of fact, but will not listen to representations.

How will the decision be made?

Following the site visit the Inspector will consider all relevant information provided by the applicant, the Council and any third parties. The decision will be made solely on the planning merits of the proposal. The Inspector will issue a decision letter which is sent direct to the applicant, the Council and any third parties who have specifically requested a copy.

In most respects the decision is final. However, you may be able to challenge the decision on appoint of law if you feel the requirements of planning legislation have not been complied with. The challenge can only be made through the High Court and you will need legal advice. A leaflet is sent out with the appeal decision explaining the procedure.

Helplines

If the appeal is straightforward you may be able to deal with it yourself. The Council may be able to offer you some guidance about the appeal. Either contact the Planning Officer that dealt with your application or e-mail developmentcontrol@barnsley.gov.uk

If it is more complicated you may need to seek professional advice (for example from an architect, planner or solicitor). A list of planning consultants compiled by the Royal Town Planning Institute (RTPI) is available at the Council's planning reception.

Alternatively you can access the RTPI Planning Consultants Online Directory through the website at www.rtpiconsultants.co.uk

Additionally you may wish to seek assistance from ''Planning Aid'', if the above options are not available to you.

Charges/Fees

There is no charge for making an appeal. In simple cases you may be able to do most of the work yourself. If you decide you need professional planning or legal advice this would normally have to be paid for.

Methods of Payments Available

Not applicabile.

Opening Times/Locations

Opening times are:

Monday - Thursday, 8.30 am to 5.00 pm

Friday 8.30 am - 4.30 pm

How Can the Customer Help?

Not applicable.

Application Form References

Not Applicable.

Leaflets

Guide to taking part in planning appeals

Distribution Points

The leaflet is available from Planning Reception or by download from the Planning Inspectorate website.

Legislation

The Planning Inspectorate will determine an appeal using the relevant planning legislation, depending on the type of appeal.

Websites

Use the search facility to search for appeals by Application Code or Location

Search for an appeal

You can access a list of appeals against the Councils planning decisions.

Appeals Register 2007/08

Appeals Register 2006/07

Appeals Register 2005/06

Appeals Register 2004/05

Response Times/Next Steps

Not applicable.

Out of Hours Procedure

E-mail: developmentcontrol@barnsley.gov.uk

Fax: (01226) 772591

A response to your enquiry/comments will be made during office hours at the earliest opportunity.

Owner Officer Contact Details

Rachel Jones

E-mail: developmentcontrol@barnsley.gov.uk

Telephone: (01226) 772588

Additional Notes

Not applicable.

Frequently Asked Questions

What can be dealt with under the appeal procedure?

• Advertisement appeals
• Enforcement appeals
• Environmental appeals
• Lawful Development Certificate appeals
• Listed Building Consent or Conservation Area Consent Appeals
• Section 78 appeals - (appeals against the refusal of planning permission).

What grounds are there for appeal?

• Refusal of planning permission
• Imposition of condition(s) following the grant of planning permission
• Refusal to approve a ''matters reserved'' under an outline permission
• Condition(s) attached to a ''matters reserved'' under an outline planning permission
• Refusal of any matter required by a condition on a previous planning permission
• Failure of the Local Planning Authority to give notice of its decision within the appropriate period (usually 8 weeks) on an application for permission or approval.

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