Planning

Planning Appeals

Rights of Appeal against decisions to the Secretary Of State:

1.   If you are aggrieved by the decision of your Local Planning Authority to refuse permission for the proposed development or to grant it subject to conditions, you can appeal through the Planning Inspectorate to the First Secretary of State under Section 78 of the Town and Country Planning Act 1990.
2.   If you want to appeal, then you must do so within six months of the date of the Decision Notice using a form which you can obtain from the Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.
3.   The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
4.   The Secretary of State need not consider an appeal if it seems to him that the Local Planning Authority could not have granted planning permission for the proposed development or could not have granted it without the conditions it imposed, having regard to the statutory requirements, to the provisions of the Development Order and to any directions given under the Order.
5.   In practice, the Secretary of State does not refuse to consider appeals solely because the Local Planning Authority based its decision on a direction given by him.

Purchase Notices

6.   If either the Local Planning Authority or the First Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor can he render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.
7.   In these circumstances, the owner may serve a Purchase Notice on the District Council in whose area the land is situated.  This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

Rights of Appeal to the Secretary Of State against non-determination

8.   

When we receive and register your planning application, you will receive a letter stating the date by which it should be determined.  If you have not had a decision by that date, or have not agreed to an extension of time with the case officer, then you may appeal to the Planning Inspectorate for them to deal with your application instead.