The introduction, on 1 October 2008, of a revised planning system means that the majority of homeowners no longer need planning permission for loft conversions and rear extensions. The initiative is likely to lead to around a quarter of all planning applications being removed from the system, but not everyone expects that the changes will mean planning appeals disappear altogether.
By Gordon Miller
Russell Hunt, managing director of London property search consultancy, Property Hunt says, ‘Councils are likely to become engulfed by minor neighbour disputes, including light and privacy issues, as well as people finding loopholes in the system. Therefore this legislation neither helps the homeowners, nor the current local council backlogs it has set out to aid.’
The local authority, as matters stand, handles all planning applications (see Planning Permission: the Basics). Jason Harris, who is an Architect and Managing Director of T-Space, notes, however, if consent is denied, or a decision is not made within the statutory period (either eight or 13 weeks depending on the size of the scheme) the applicant can appeal the decision (or non-determination, as the latter is known).
‘Interestingly,’ Harris says, ‘Only the applicant and their agent can appeal - there is no appeal process if you are, for example, a neighbour who disagrees with a planning consent. The appeal has to be made within six months of the decision. It is only possible to appeal the design as it stood when the decision was made - no alterations are allowed before it is appealed.’
To appeal, the case – the forms, documents and drawings – must be sent to the Planning Inspectorate, based in Bristol, notes Harris. The appeal can be made in hard copy or online. There is no charge for the appeal process, apart from consultants' fees. While a simple appeal takes no longer than a planning application, as the process unfolds it can demand input from specialists in order to make and defend your case.
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