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Welwyn Hatfield Borough Council

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Appeals

You have the right to appeal against a refusal, a non determination or any conditions the council may impose on your planning application.

You can appeal at any time up to six months (see below for householder pilot) from the date of the decision notice. Appeal forms are available from the Planning Inspectorate. The address and other information will be sent to you with the decision notice. Appeals can be complicated and expensive, especially if they involve a public inquiry, so it is wise to get advice from an architect, planning consultant or qualified person before you start and particularly if you have not already done so.

Your appeal may be dealt with in one of three ways:

  • in writing (see below for householder pilot)
  • an informal hearing, or
  • by a public inquiry.

    In each case, the final decision is taken by the Secretary of State for the department of Communities and Local Government or their representative.

    Most people choose to appeal in writing as this generally means a quicker decision (see below for householder pilot). However, all types of appeal are likely to take some time. The Planning Inspectorate has produced a booklet called 'Planning Appeals - a guide'. This booklet is sent to you with your appeal application forms. The council has produced a short leaflet that answers most of the immediate questions.

    For further information and to appeal online, please go to the Planning Inspectorate website.

    To search and view current appeals, please go to the Online Planning Database .

    Fast Track Householder Appeal pilot scheme

    The Planning Inspectorate launched a Fast Track Householder Appeal Pilot (FTHA) from January 2008. The aim of the pilot is to dramatically shorten the length of time it will take an appellant to receive a decision on any householder appeal. For the pilot, a householder appeal is one against a refusal of planning permission (or the granting of permission subject to conditions to which the applicant objects) for works to a residential property or within its garden. It does not include:

  • a change of use or the erection of a dwelling;
  • appeals against “non-determination,” i.e. where the Council failed to issue a decision within the 8 weeks allowed; or
  • householder appeals which are accompanied by an appeal against the refusal of listed building consent or the service of an enforcement notice.

    At the moment it can take around 20 weeks to receive a decision from the day the appeal is received at the Planning Inspectorate. The Government and Welwyn Hatfield Borough Council are committed to making the appeals process as quick and efficient as possible. With a number of key changes to the process, the Planning Inspectorate is aiming to decide ‘Household’ appeals in 12 weeks. This is a reduction of around 2 months.

    Can I take part?

    The trial for Welwyn Hatfield will start for appeals submitted after 1st October 2008. If you would like to take part you need to agree to the following;

  • Use the ‘written representation’ * method to appeal
  • The Planning Inspectorate are also looking wherever possible to communicate by email

    *This is the method currently used by 90% of people choosing to appeal in Householder appeals.

    How can I find out more information about the pilot?

    More details and information can be found by visiting the Planning Portal at http://www.planningportal.gov.uk/england/genpub/en/1115315251176.html or by contacting the Planning Inspectorate on 0117 372 6372.

    Please remember!

    An appeal should only be a last resort. With only 36% of appeals being successful, you should look carefully at the reasons for refusal before you submit an appeal to the Planning Authority. In some instances you may be able to negotiate a revised scheme with us. We are happy to discuss changes to a scheme and further details can be found here (link to http://www.welhat.gov.uk/planning/developmentcontrol_2/wherecanigetadvicefromaplanningofficer). 

    • Planning