Planning
Appeals
After your application has been
processed and you have received a decision notice, you have the
right of appeal to the Secretary of State against the Council's;
Refusal of an application, or Against condition attached to an
approved application approval, or, If your application has not been
determined by the Council within timescale allowed. Information on
how to appeal is included within the decision notice on the last
page.
In addition to the existing appeals process, as of
the 6th April 2009 a new Householder Appeals
Service will be implemented to provide a more simplified and speedy
procedure for householder appeals.
Householder Appeals
A householder appeal is an appeal against a refusal of
planning permission (or granting of permission subject to
conditions to which you object) for development attached to a
residential property or within its curtilage.
It does not include:
- A change of use or the erection of a dwelling
house
- Appeals against non-determination, ie where the Council has
failed to make a decision within the timescale allowed; or
- Householder appeals which are accompanied by an appeal against
the refusal of listed building consent of the service of an
enforcement notice.
If your application does not fall within the above 'householder
procedure' you can still make an appeal though the existing
planning appeals procedure outlined further below.
The main changes to the appeals process for householders are:
- The time limit for householders to submit an appeal will be
shortened from 6 months to 3 months.
- All householder applications proceed on the basis of
written representations. Appellants will no longer be able to
select to be heard as part of a hearing or public inquiry.
-
There will be no opportunity for third parties to
make representations during the appeal process. Only
representations made as part of the planning application process
will be considered.
-
Appeals decisions for householder applications will
be made within 8 weeks.
To make a householder appeal, or find out more
information on the 'householder appeals process' visit the
Planning Portal
website.
Planning Appeals (non householder)
For any other non householder appeals, you have the
right to appeal to the Planning Inspectorate within 6 months of the
date of the decision, or within 8 weeks in the case of
advertisement appeals.
Before making an appeal it is advised that you contact the
Council's Planning Officer that dealt with your
application.
A new internet based service is now available for you to submit
appeals online. You can submit an appeal using
the
Planning Portal
website. You can also submit comments and
check the progress of the appeal online.
You can obtain further information on the appeals process by
visiting the Planning Portal website
The Appeal will be considered by the Planning Inspectorate, who
is independent and appointed by the Secretary of State. The
decision of the inspector is final and there is no further right of
appeal except upon a point of law in the High Court.
There are three types of appeal;
Written Representations - The most common type of appeal.
Each side submits its case in writing and the inspectorate visits
the site. This is the most time efficient way of getting a
decision.
Local Hearing - This is an informal hearing chaired by a
Inspector, and both the appellant and the Council as well as other
interested parties may attend to put their respective cases
verbally as well as by written submission.
Local Public Inquiry - This takes the form of a quasi
judicial hearing presided over by the inspector. Often parties have
legal representation and witnesses are cross examined.
It is important to note that there is no right of appeal for
third parties (such as neighbouring occupiers).
If you would like to obtain information about an existing appeal
you can use the Planning Portal Case Search
Facility, or alternatively you may
contact:
debbie.napier@newham.gov.uk
Planning Officer
andrew.mcginnell@newham.gov.uk
Technical Support Officer (Appeals)