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    Householder Appeals

    What is a householder appeal?
    The Town and Country Planning Appeals (Written Representations Procedure) (England) Regulations 2009 say:

    “Householder application” means:

    1. an application for planning permission for development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse, or
    2. an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development, but does not include
      1. an application for change of use,
      2. an application to change the number of dwellings in a building.
    “Householder appeal” means an appeal under section 78(1) of the Town & Country Planning Act in relation to a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions.


    What is not a householder appeal?
    The following categories of appeals:

    1. Appeals against grant of permission subject to undesirable conditions (even a grant of householder permission subject to undesirable conditions)
    2. Lawful development certificate appeals
    3. Enforcement appeals
    4. Conservation area appeals
    5. Listed building consent appeals
    6. Appeals against refusal or change of use application
    7. Appeals that do not relate to an “existing dwellinghouse” e.g. agricultural, commercial, new houses
    8. Subdivision of houses
    9. Non-determination of appeals

    What is the time limit for submitting householder appeals?

    All Appeals against refusals of householder applications irrespective of whether you wish to appeal by the householder, hearing or inquiry method must been submitted within 12 weeks of the date of the decision notice refusing the application.

     

    All appeals against refusals of householder applications must be submitted on the householder appeal form.  If a different appeal method is desired reasons should be provided on the householder appeal form as to why the alternative method would be more appropriate by reference to the criteria in Appendix C of the Planning Inspectorate guidance 01/2009.

    Humphreys & Co. January 2010

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