There is a strict process that the appeal then takes:
1. Within two weeks from the starting date, the local planning authority (LPA) will send the appellant and The Planning Inspectorate a completed questionnaire. They will also tell interested parties about the appeal.
2. Within six weeks from the starting date, the appellant and the LPA can send a statement of case to The Planning Inspectorate. They will then circulate copies what each party has sent, and any comments fro interested people (if they were sent in time).
3. Within nine weeks from the starting date, the appellant and the LPA can send The Planning Inspectorate any comments on each other's statement and on comments from interested people.
There are three forms of appeal, notes Harris. The vast majority of householder appeals are decided by 'Written Representations' - where the case is made on paper. The only meeting that takes place is the inspector's site visit. This is meant for information gathering only, and anyone present is meant to provide access only.
The other forms of appeal - 'Hearing' and 'Enquiry' - are reserved for larger projects. An enquiry is a quasi judicial process that will be very expensive. As an appellant you are allowed to apply for any of the three forms of appeal, but if the Inspector feels that it is inappropriate then he / she will change it to something more suitable. As a potential fourth route, a number of LPAs are currently trialing a Pilot Scheme for a FastTrack Householder Appeal process.
T-Space’s Harris says: ‘The inspector will assess the information provided against local policy, as well as national policy. It may be that this is completely at odds with the policy against which the application was first decided (we recently had a case where the local policy was to encourage large houses on infill plots, whereas national policy favours flats. This means that the threat of appeal becomes a tactic in the developer's gameplay).’
The decision that the inspector reaches is set out on a Decision Notice. Harris says: ‘It will describe the proposal and the relevant planning law, and go on to explain the decision. It is written in plain English and tends to give a much more coherent explanation than is ever gained from the local authority. About a third of all appeals overturn the original decision.
‘However, even if rejected, the Inspector’s report will lay down the pros and cons in such a way that the appellant will have a clear picture of their options should they want to amend the design and reapply, and the local authority will take note of the inspector's findings when it decides the revised application.’
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