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Planning Appeals

2 replies

ThatsWhatImTalkinAbout · 28/01/2025 15:04

If a planning application has been unanimously rejected by a Planning Committee and the decision is put forward for an appeal, what is the appeals officer looking for? Is it compliance of the planning process I.e. that the planning committee followed the procedure correctly? Or is it more than that?
Can an appeal be used just because you disagree with the decision?

OP posts:
Seeline · 28/01/2025 17:23

A planning appeal can only be lodged by the original applicant.
The planning inspector dealing with the appeal will check the proposal against planning policy - national and local (the same as the local council will have done). A significant part of planning decisions are based on subjective opinions, and interpretation of planning policy, so it is possible that the inspector may come to a different decision. However, the majority of planning appeals are dismissed (the inspector agrees with the Council).
There are different procedures that an appeal can follow - more complicated proposals will sometimes be heard at a Heating or a Public Inquiry where other parties such as the highway authority or Historic England or the Environment Agency may also have to give evidence.
The Inspector doesn't generally look at the processes, but if it is clear that a Council has refused something that obviously meets policy and cannot provide evidence as to why that has been ignored, then costs can sometimes be awarded against the Council.
If a third party feels that the Council has followed incorrect procedures, the only course of action would be a Judicial Review - very costly.

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