Appeals Procedure
In addition to appealing against the Council's failure to determine an application within eight weeks an applicant may appeal to the Planning Inspectorate against a decision to refuse a planning application or against any conditions that are attached to a planning permission.
Such an appeal must be made within six months of a planning decision and will usually be determined by an Inspector appointed by the Secretary of State for Communities and Local Government. The time taken to determine an appeal varies greatly depending on the complexity of the case and the procedure followed.
The appeal decision can only be challenged on a point of law or if it felt that the requirements of the Planning Acts or Rules of Procedures have not been carried out. This challenge may be made through the High Court or by judicial review and legal advice will be necessary.
There are three forms of appeal procedures:
- Written Representations- requires that written statements are submitted to the Inspector by the Council and the appellant. Each party has the opportunity to comment on the other's statement and will usually accompany the Inspector on a site visit. This is usually the quickest procedure.
- A Hearing- is designed to create an informal atmosphere, allowing "round the table" discussion, chaired by an Inspector, and is applicable where issues are fairly straightforward.
- A Public Inquiry- is led by an Inspector, who will consider evidence and subsequent cross-examination made by the Council and the appellant (or agents for the parties).
Detailed guidance on appeals is available in the Planning Inspectorates booklet "Making your planning appeal". Copies are available from Fenland District Council.
Current Appeals
Details of all current planning and Enforcement appeals can be found on Public Access under the respective application.