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.
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.
An internet based service is available via the Planning Portal
allowing you to submit a new appeal, search for an existing appeal
or check the progress, or make a comment online:
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 require any further guidance regarding appeals please
contact review the
Planning Portal guidance pages or alternatively you may contact
development.control@newham.gov.uk.