Types of planning appeal
There are three types of planning appeal:
§ Written representations
§ Hearings
§ Local inquiries
This is the easiest, quickest and cheapest method of appeal, with an inspector deciding the appeal on the basis of written representations and a site visit.
This method is suited to small scale development such as house extensions, changes of use or appeals against planning conditions. It is often used by individuals making their own appeal without professional help.
From 6 April 2009:
§ An expedited procedure applies to householder appeals dealt with by written representation. This appeal procedure has been piloted as the fast track householder appeal service since January 2008.
§ Costs awards are available for all written representation appeals.
Hearings
This method takes longer than the written representation method, but allows the parties to present their case informally before an inspector, who leads a discussion on the appeal issues.
Hearings are suited to more complicated cases that require detailed discussion about the merits of the proposal.
Costs awards are available for appeals dealt with by a hearing.
This method tends to be used for larger, more complex cases and can take several weeks because the inspector hears evidence from witnesses, who may be cross-examined by other parties’ legal representatives.
This method is the most formal and is similar to a court of law. It is suited to more controversial cases where there has been a lot of public opposition.
Costs awards are available for appeals dealt with by local inquiry.
Practical Law 23.1.10
