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Summary of Main Changes to Appeal Process

Changes to the appeal procedure from 6 April 2009

On the 6 April 2009 the Government is introducing some changes in how planning appeals are currently dealt with. In future, appeals on refused householder* applications will be dealt with differently. The Planning Inspectorate has shortened the process to enable an appeal decision to be reached much quicker. However, to enable this to happen they have had to change the way that these appeals are dealt with.

This will mean that for appeals submitted against the refusal of permission of house extension or other householder works, there is no longer an opportunity to comment at the appeal stage. All comments made to the council on the planning application will be taken into account by the appeal Inspector but no further comments will be allowed from either the applicant, the council or any neighbours.

Other changes include the power for the Inspectorate to decide which method of appeal will be used; a requirement for local planning authorities  to deal with householder appeals on line; the introduction of unaccompanied site visits by Inspectors for householder appeals; and the extension of the power for Inspectors to award costs to written representation appeals.

More detailed information relating to these changes can be found by visiting the websites for Planning Inspectorate and the Planning Portal.

* Householder developments are defined as those within the curtilage of a house (or a single flat) that require an application for planning permission and are not a change of use.

Included in householder developments are extensions, conservatories, loft conversions, dormer windows, alterations, garages, car ports or outbuildings, swimming pools, walls, fences, domestic vehicular accesses including footway crossovers, porches and satellite dishes.

Excluded from householder developments are applications relating to any work to two or more flats, applications to change the number of dwellings (flat conversions, building a separate house in the garden), changes of use to part or all of the property to non-residential (including business) uses, anything outside the garden of the property (including stables if in a separate paddock).