Refusal of Planning Consent: Appeals - Part Three

Public Inquiries are the very formal procedures which are usually reserved for significant major developments or proposals of a sensitive nature where all aspects of the development often need to be examined in detail.

Advanced statements of case, written evidence and expert witness appearances are required and witnesses are examined and cross examined by all parties including the Inspector. Inspector site visits take place and the parties may be asked to explain or clarify any matter arising from their evidence or an issue raised during cross examination. The Inspector will again form his/her view on the merits of the case and report accordingly his/her decision at a later date.

Appeals can, especially with public inquiries, be a very expensive process and where planning consent has been withheld by a Local Planning Authority for unjustified reasons it is possible to make an “application for costs” to recover the costs of the work involved in the appeal process.

Some appeals may relate to enforcement action taken by the Local Planning Authority against an alleged unlawful use of the site or physical development. The appeal processes can be similar to those described above where highway issues are involved and detailed information is provided by the Planning Inspectorate in these cases.

The above is provided from the point of a highway practitioner and there are various procedures and time scales that must be followed by an Appellant in making and progressing their appeal. Further information on these can be gained by reference to the web site of the Planning Inspectorate where the latest procedures are explained in detail.