You have a right to appeal to the Secretary of State against a number of planning decisions made by Fylde Borough Council or any local authority. They include:
1. Refusal of planning permission
2. Imposition of condition(s)
3. Failure to determine an application within 8 weeks
4. The service of an enforcement notice
5. Refusal to permit removal or works affecting trees covered by TPO’s
An appeal can only be made by the applicant/agent. Third parties do not have a right of appeal.
There are 4 different types of appeals:
Major Public Inquiry
Where the proposal has such important national/regional implication’s.
Public Inquiry
About 8% of appeals are conducted by a Public Inquiry. They tend to be large developments, e.g. superstores and motorway service areas. A public inquiry is similar to a court case and has barristers and expert witnesses.
Hearing
This is a type of ‘round table’ discussion led by the Inspector and is much less formal than a public inquiry.
Written Representations
This is the most common type of appeal – about 73% of all appeals are conducted in this way. A written representation is suitable for smaller developments where issues are straightforward.
NB : An award of Costs can be made on all of above, except written representation cases.
Appeal Forms are available on request from:
The Planning Inspectorate
Customer Support Unit
Temple Quay House
2 The Square
Temple Quay
BRISTOL
BS1 6PN
Telephone 0117 372 6372
More information regarding planning appeals can be obtained from the planning Inspectorate.
