Planning Appeals

For North Norfolk District Council a list of new appeals, progress on current appeals and decisions can be found in the agenda or report document for each of the Development Control Committee meetings.  You can  make Enforcement Appeals (including Listed Building/Conservation Area Enforcement Notice appeals), and Lawful Development Certificate Appeals.    You can also make Access Restriction Appeals under section 30(3) of the Countryside and Rights of Way Act 2000 in England.

See these Government pages:

• The Planning Portal Page on Appeals  replaces the Planning Inspectorate pages and allows you to follow the progress of or comment on an appeal and to submit an appeal online. 
• The DCLG has information on Appeals in the PDF document Tree Preservation Orders: a Guide to Law and Good Practice.
• Read about the changes brought in with the 2008 Planning Act on the Planning Inspectorate's 21st Century Appeal Process web page.
• View the actual Planning Act 2008 on the Office of Public Sector Information (OPSI) website.  

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Briefly:

Householder Appeals
The Householder Appeals Service involves a written representations procedure, so that decisions can be made more quickly. The time limit to appeal against a refusal for consent in relation to a householder application has been reduced from six months to 12 weeks.

Information used at appeal will be the same as for the original application, so duplication of paperwork has been reduced. An appellant is only required to submit an appeal form (including their grounds of appeal), the original application form and the local planning authority's decision notice. The rest of the material relating to the application is supplied by the local planning authority, usually in electronic format.

The Secretary of State (in practice, the Planning Inspectorate) has power to determine whether an appeal should be dealt with through written representations, a hearing or a local inquiry.
 
The nine-week written comment stage from the hearings and inquiries procedures has been removed. This means that events can be held earlier in the appeal process which in turn will lead to quicker decisions.

In addition an extension of the costs regime to written representation cases ensures that there is an equal opportunity to use the process in all types of procedure. 

For all other Appeals
If you as an applicant, are aggrieved by the decision of the local authority to refuse permission for your proposed development or,  to grant permission subject to conditions, you may appeal to the Secretary of State for the Environment, Transport and the Regions in accordance with section 78 of the Town and Country Planning Act 1990, within 3 months of receipt of the notice.

The Secretary of State has the power to allow a longer period for the giving of a notice of appeal but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving of a notice of appeal. 

The Secretary of State is not required to entertain an appeal if it appears to him that permission for the proposed development could not have been granted by the local authority, or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the statutory requirements to the provisions of the development order, and  to any directions given under the order.  He does not in practice refuse to entertain appeals solely because the decision of the local planning authority was based on a direction given by him.

Only the applicant has the right to lodge an appeal. This must be submitted to the Planning Inspectorate within 6 months of the decision notice being issued.

PLEASE NOTE - There is no right of appeal for third parties such as interested people or organisations in England and Wales

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The Appeal Process

• The Secretary of State appoints Inspectors from the Planning Inspectorate to consider planning appeals.
• Inspectors will either be authorised to decide appeals or, in more important cases, will report to the First Secretary of State who will then issue a decision.
• All inspectors are impartial and are professionally qualified in planning or a related profession such as law or architecture.

Appeals can be expensive and time consuming for both the Council and the applicant. Applicants are encouraged to discuss the Council's decision with planning officers before making an appeal, to see whether an amended application could overcome the Council's objections.

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If you have a specific query please contact North Norfolk District Council’s Development Control Section. 

• Telephone:  01263  516143  /   516151  /  516150  
• or e-mail   planning@north-norfolk.gov.uk