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Planning appeals

 

What is a planning appeal?

If an applicant is unhappy with the outcome of their application, they have the right to appeal. Only the applicant can appeal a decision – members of the public cannot ask for an appeal. For full details about the different types of appeal, visit government’s Planning Permission Appeals webpage.

Planning appeals are dealt with by the Planning Inspectorate, which is a government agency who take an unbiased approach to the case and make their own informed decision. Advice on making and submitting an appeal is available on their website.

Applicants can appeal if we:

  • refused permission
  • granted permission but with conditions which are not considered acceptable
  • rejected a proposal arising from a condition or limitation on permission
  • did not determine (decide) the application within the time allowed (normally 8 weeks from validation of application)
  • served an Enforcement Notice.

 

How long do you have to make an appeal?

Appeals relating to planning applications must be made within 6 months from the date of the decision. The time period is shorter for householder and minor commercial appeals (12 weeks) and advertisement appeals (8 weeks). For full details about the different types of appeal, visit the government’s Planning Permission Appeals webpage.

 

How to appeal a decision

Appeals should be made online using the Appeals Casework Portal.

Once you have submitted an appeal to the Planning Inspectorate please forward a copy of the appeal form and any attachments to appeals@greatercambridgeplanning.org.

You can handle the appeal yourself or use an agent to submit the appeal documentation on your behalf. There is no fee for an appeal. Please note that your appeal is not confidential - anyone can look at what you have to say.

 

Monitoring an appeal

You can monitor the process of an appeal through our planning application register or the Planning Inspectorate’s Appeals Casework Service. If you have the appeal reference number it will help you find details more quickly, otherwise you can use the search facility in the system.

The Planning Inspectorate will publish copies of appeal decisions on the Appeals Casework Service. If you would like a printed copy of the appeal decision email planning@greatercambridgeplanning.org.

 

How appeals are decided

Appeals can be decided through written representations, an informal hearing or a local public inquiry. An independent inspector will be appointed to deal with your appeal.

Most appeals are dealt with by written representations which is an exchange of written statements. This involves:

  • explaining why you feel your appeal should be allowed and why you disagree with the Council's decision
  • replying to the Council's written statement if necessary
  • attending a site visit with the inspector if necessary.

If you choose to have a public inquiry or an informal hearing, the appeal will take longer to determine.

 

Comment on an appeal

We will forward on any supporting or objecting comments that we received about the original planning application to the Planning Inspectorate.

Please do not send comments on appeals to us as we do not decide planning appeals. Comment on an appeal online through the Appeals Casework Service. For Householder and Commercial appeals, interested parties are unable to make representations (comments) at appeal stage. If an appeal is going to have a hearing or inquiry, you can submit your comments and also, attend the hearing or inquiry.

Representations (comments) will be sent to the Council, the appellant and the inspector. All information provided in your representation, including your name and address, will be published. If you object to this, you must contact the Planning Inspectorate. If you supply information belonging to a third party, make sure you have their permission to do so.

Only comments relevant to planning can be taken into consideration - our reasons for refusal will set out the issues that apply. The inspector can't consider comments about new buildings affecting the view from your property, or how a development might affect property values.

 

 

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