Appealing against a planning decision
This section provides information about the process of appealing against a planning decision.
Introduction
Whilst the planning system aims to encourage development of our surroundings in a sustainable way that does not mean that every development proposal will prove acceptable. Society’s need for development has to be met with minimal harm to the environment and issues of public importance.
Unfortunately this means that the Council has to refuse some applications. About 10% of applications are refused.
If planning officers consider that amendment of an application would prevent refusal, they will normally offer the applicant an opportunity to make the necessary changes. However, if the necessary amendment would significantly alter the nature of the proposal, it is best to leave it to a fresh application. If the refusal is made on a point of principle, for example, because of conflict with Green Belt policy, no amendment will be acceptable.
Sometimes the Council grants permission but subject to conditions which the applicant may find unacceptable. In those cases, there is a right of appeal against the condition(s). The administrative arrangements for such an appeal are the same as for a refusal of permission, as set out below.
My planning application has been refused. What can I do about it?
You (the applicant) can appeal against the Council’s refusal. The law does not give this right of appeal to anyone else. However, you should first decide whether an appeal is necessary.
The Council has outlined the reason(s) for refusing permission in its decision notice. This includes the planning policies that your application was held to contravene. It may help to read the planning officer’s report to understand the decision better. To obtain a copy of the report contact Helpline on 01737 276000.
Reading the report and, if necessary, speaking with the planning case officer involved should give you an indication of whether a revised application would stand a better chance of success. If this option sounds promising, you can submit a fresh application.
If the proposal is sufficiently similar and made in sufficient time, you will not need to pay another fee for the second application. The duty planning officer based at the Town Hall or the planning case officer will be able to advise on this.
In the event of an application being refused, planning officers will meet the applicant or their agent once to discuss a revised proposal that addresses the reasons for refusal. Prior submission of amended plans (in sketch or full form) will be an essential pre-requisite. It is important to note that a better result cannot be guaranteed.
As with pre-application discussion, further research or inspection of the site will not be possible and any liaison with potential consultees (e.g. the Highway Authority) will be minimal.
Your Right of Appeal
If it seems unlikely that you can reach agreement with the Council you can exercise your right of appeal to the Planning Inspectorate.
The Planning Inspectorate is a Government agency charged with deciding planning appeals on behalf of ministers, based in Bristol.
The Council’s refusal notice will have given you details of how to contact the Planning Inspectorate and your appeal must reach their Bristol office within six months of the Council’s refusal. There is no fee involved.
Very rarely a Government minister decides an appeal. However, Inspectors decide the vast majority. Your appeal can be considered in three ways:
Written Representations
This is the most popular form of appeal and, as the name suggests, involves submission of written statements. This method has the advantages of being relatively quick and inexpensive.Hearing
If you want to present your case to the Inspector in person, this method allows you to do it in an informal way, without going to great expense. You will need to submit a written statement before the hearing. Hearings are usually held at the Town Hall, and the Inspector will lead you and the Council’s planning officer in a round table discussion of the case. They will not make a decision on the day, but will send it to you in writing later.
Public Inquiry
This is the most formal and expensive method, and is also the slowest. It involves presentation of your case and the Council’s to the Inspector and each side can cross-examine the others expert witnesses.
Public Inquiries are usually held at the Town Hall. In some ways the process is like a court, with the Inspector acting as a judge.
You will probably need to engage a lawyer or professional town planner to represent you and to cross-examine the Council’s witnesses, although this is not essential.
The Appeal Process
Other interested parties such as neighbours will be informed of the appeal and given the right to submit their views in writing or in person, depending on the method of appeal.
All three appeal methods involve a site inspection. The Inspector will only enter the site accompanied by a representative from each side and they will not allow any arguments to be put to them on site.
Appealing can be a lengthy and costly business. In the case of hearings and public inquiries it is possible to make a claim to recover some or all of your costs of the appeal from the Council.
The Council can make a similar claim from you. To be successful, a claim of costs must satisfy the Inspector that the other side acted unreasonably. That is not the same as the Inspector finding fault with the Council’s decision and allowing your appeal. In fact it is possible to win an appeal and lose costs, or vice versa.
About 40% of appeals are successful. It is important to note that the Inspector is entitled to make his or her decision as he/she sees fit.
Therefore he or she may find your proposal unacceptable for different reasons to the Council. If your appeal is dismissed, the Inspector may give an indication of what alternative proposal would meet with their approval. If this happens the Council’s planning officers will discuss that alternative with you.
For more information on the appeal process see the Planning Inspectorate guide ‘Making your planning appeal’ available through Her Majesty’s Stationery Office (The Stationery Office Ltd. - telephone order line 0870 600 5522 or fax order line 0870 600 5533) or from the Planning Inspectorate website .
The Royal Town Planning Institute also publishes guidance entitled ‘Should I Appeal’ available from 020 7929 9452 or their website www.rtpi.org.uk.
Complaints
With the best will in the world sometimes things go wrong. If you are dissatisfied with the service you have received please tell us and we may be able to put it right.
If not, you may lodge a formal complaint. Details of this are available from the Town Hall and Help Shops.
The Council’s complaint procedure is not designed to review the merits of decisions that were properly taken (e.g. to refuse planning permission) and does not prejudice your right to complain to the Local Government Ombudsman (21 Queen Anne’s Gate, London SW1H 9BU, telephone 020 7915 3210, fax 020 7233 0396, website www.lgo.org.uk).
Complaints about the conduct of Councillors should be referred to the Standards Board for England (telephone 0800 107 2001 or visit their website www.standardsboard.co.uk).
Reigate & Banstead Borough Council
Town Hall
Castlefield Road
Reigate
RH2 0SH
01737 276000
customer.services@reigate-banstead.gov.uk
See Also
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