The planning system unfortunately is not black and white, therefore there are many grey areas and different professional opinions. Planning policy and even the law is subject to interpretation.
Therefore it is important to instruct a professional Chartered Planning Consultant to advise on planning matters and to assist with the process. 4D Planning offer our clients in-depth knowledge and expertise to help the applicant avoid making costly and timely mistakes.
Many clients come to 4D Planning once their applications have been refused planning permission asking for help. There are times 4D Planning will take on the task to advise the client to appeal, and there are times that we will advise to submit a revised planning application. However unfortunately not all refused applications can be challenged successfully, therefore 4D Planning will only take on projects which we feel comfortable appealing or revising. We will always review the initial application documents and advise in writing our thoughts on the prospects of appealing.
You can appeal a decision made by a local authority on a planning application if you disagree with it or if the application wasn’t determined within eight weeks (for a typical householder development) or 13 weeks for major developments. The appeal is decided by a independent government body called PINS (The Planning Inspectorate). They are not connected to the Council and they will look at the appeal documents with no bias.
An application that is not decided by the Council within 8 weeks can be appealed for a non-determination. This will remove the Local Planning Authority's rights to continue assessing the application and the Inspectorate will make the final call.
If you disagree with a decision made by the Planning Officers, you will have a chance to appeal within 6 months of the date on the decision notice from your local planning authority. For Householder Planning Applications you must appeal within 12 weeks. The deadline’s earlier if you’ve received an enforcement notice - you must appeal within 28 days of the notice.
There are no third party rights of appeal - so if you have objected to a planning application and it is approved by the LPA then you cannot appeal that decision.
Only applicants or their appointed agents such as 4D Planning can appeal.
For your interest, see here some samples of our succesful appeals: Click here
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