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Appeals Procedures

Are you seeking advice on the best course of action following receipt of a planning refusal? If so apT’s planning experts can advise you on the prospect of success at planning appeal and the appropriate method of submission for our clients. Read here for further information on how our team are here to provide you with a no obligation discussion regarding your recent planning refusal and how we can best advise you in moving forward.


In some cases, it is not always the best solution to appeal a refusal notice but to work alongside the Local Planning Authority to find a suitable solution/revision which may overcome the reasons for refusal and re-submit a revised planning application. In most cases, there is an opportunity for applicants to submit a revised planning application free of charge as long as it generally follows the same description and site boundary.

apT’s planning team will work with you to discuss and consider all of your options, to ensure the most cost effective and likely chance of success for your project.

If it is thought that the Local Planning Authority acted unreasonably in refusing your planning application, then your planning appeal will be considered and can be submitted in one of the following forms:

   - Written Representations.

   - Informal hearing.

   - Local Inquiry.

You can find a further information and guidance regarding the different forms of appeal here: bit.ly/AppealsProcedures.

A written representations process is the most common form of appeal and it is undertaken via the exchange of statements between the appellant and the LPA, via the Planning Inspectorate (PINS). Following receipt of all statements, a site visit will be undertaken and a decision issued within 12 weeks of the start letter (i.e. validation of the appeal submission) being issued by PINS.

An informal hearing is similar to written representations but following receipt of written evidence, a “round-the-table discussion” will take place, led by the Planning Inspector so that any questions that the Inspector may have, can be discussed between parties.

A Local Inquiry however is a much more formal process which involves the cross-examination of witnesses and presentation of proofs of evidence. These process can take a number of months to draw to conclusion, as often it involves very complex cases.

In all cases, the preferred method of procedure can be requested but the decision will fall with PINS.

apT are able to offer support to appellants when considering the submission of an appeal . We are happy to provide advisory services relating to a revised planning application, preparation and submission of a written Statement of Case to support your appeal or we can happily act as Planning Consultants leading the whole process right through to determination; this will involve the preparation and submission of the appeal and statement of case, liaison with any relevant Consultants/expert witnesses, the LPA and PINS throughout the process and verbal representations at hearings/inquiries. We are also able to assist in respect of costs claim where or if we feel that the LPA has acted unreasonably in refusing your application.

If you require further guidance and support, please don’t hesitate to contact our award winning team of planning specialists on 01952 384555 or via planning@apt-group.co.uk


Category: Planning


Added: 07/08/2020

 

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