Householder Appeals

You should be aware of the following changes to the procedure from 6 April 2009:

The new Householder Appeals System will apply to appeals against refusals on householder applications which the Secretary of State has determined will proceed on the basis of written representations. This includes refusals of applications for planning permission, as well as refusals of any consent/agreement/approval required by or under a planning permission, development order or local development order.

You now have 12 weeks to appeal Householder Applications
In all other cases, existing time limits will apply. This includes cases which are linked to householder appeals. For example, for a householder appeal which has an associated Listed Building Consent appeal, while the householder appeal would be subject to the 12 week time limit, the Listed Building Consent appeal would be subject to the existing 6 month time limit to appeal.

No statement from appellant (only Grounds of Appeal)

There is no third party right to comment on appeals
Any comments submitted at application stage will be forwarded by the Local Planning Authority. Third parties (objectors or supporters who had made written comments to the Local Planning Authority to the planning application will still be notified of the appeal but the letter will be for information purposes only and further representations cannot be submitted either to the Council or the Planning Inspectorate.

Serving Notice
If you are not the sole owner of the property you will need to serve notice of making appeal using a new form on other owners or tenants. You can download this form here: http://www.planningportal.gov.uk/uploads/householder_development_appeal_articles6and9(1)notice.pdf

Other points you should be aware of:

Planning files will be in 100% e-format
All communication will be by email including questionnaire and policies (where the Appellant has an email address)
No formal statement will be sent
New shortened appeal forms and questionnaire
Forms can be e-mailed to Inspectorate
Inspector uses 'e-file' with covering plans/application form in hard copy
Target to make decision within 8 weeks

What type of householder appeals are not covered by this system?

The following appeals are not within the scope of the Householder Appeal Service:

appeals against any grant of planning permission, consent, agreement or approval which is granted subject to conditions
appeals against a local planning authority's failure to determine a householder application (i.e. non-determination appeals)
appeals against Listed Building Consent (LBC) applications or Conservation Area Consent (CAC) applications. (It should be noted that if a LBC / CAC application is related to a householder application which is refused and proceeds to appeal, the householder application will be within the scope of the Householder Appeals Service. If an appeal against a LBC / CAC application is lodged at or around the same time as a related appeal against a householder application, the expedited procedure may not be suitable and instead the appeals are likely to be linked so that they can progress down Part 2 of the 2009 Regulations (ie. the non-expedited route) so that they can proceed along the same time scales)
appeals against lawful development certificate applications
appeals against enforcement notices
appeals against applications for advertisement consent.