Strategic Planning

Appeals Help

  1. When can a planning application be appealed?

  2. How can I find out if an application has been appealed?

  3. Are there different types of appeal?

  4. Who determines an appeal?

  5. How can I get involved in the appeal process?

1: When can a planning application be appealed?

The decision of the planning authority can be appealed by the applicant if it is refused or if the applicant does not agree with a condition attached to the decision. The applicant may also appeal if the planning authority does not determine their application within 13 weeks. The applicant can only appeal within six months of the refusal or within six months of the 13 week date.

2: How can I find out if an application has been appealed?

All appeals relating to decisions of Hampshire County Council since 1998 (and some before) are available to view on this website. The information is updated daily. If you made representations on the original planning application then the Council will notify you of an appeal in writing.

Alternatively, you may search for appeals online at the Planning Portal.

3: Are there different types of appeal?

There are three types of appeal: written representations, informal hearing, and public inquiry. The method by which an appeal will be heard will depend on a variety of factors and will be agreed in advance by the Planning Inspectorate.

Written representations – This procedure is designed to make the appeal proceed quickly and fairly. Everyone involved in the appeal should keep to the timetable or the Inspector may not consider their comments. Comments are made to the Inspector in writing and the Inspector will visit the site either accompanied by the Council and the Appellant or unaccompanied.

Informal hearing – Hearings are less formal than inquiries and are usually quicker and cheaper. The Inspector will lead an informal discussion on the main issues. People don't usually have a legal representative with them at hearings. Hearings aren't suitable for all appeals, especially those which are complicated or controversial, or have caused a lot of local interest or where it is necessary to cross-examine witnesses. A hearing is a public meeting and the Council will notify the local community of the date and venue.

Public inquiry –  The Planning Inspectorate will hold an inquiry if you or the local planning authority (LPA) decide that you can't rely on the written procedure and a site visit, and they have decided that a hearing is unsuitable. A public inquiry is the most formal method of hearing an appeal and is a quasi-judicial process. People usually have legal representation at a inquiry. A public inquiry is a public meeting and the Council will notify the local community of the date and venue.

4: Who determines an appeal?

All appeals are made to the Secretary of State. However, some appeals are determined by the Planning Inspectorate on behalf of the Secretary of State and some are determined by the Secretary of State directly. The County Council does not determine appeals.

5: How can I get involved in the appeal process?

If you objected to the original proposal the County Council will send your letter directly to the Planning Inspectorate. The Inspectorate will take your representations into account when making their decision. The ways you can become more involved in an appeal will depend on the type of appeal. Please contact us for more information or visit the Planning Inspectorate’s website.

 

Contact Us

Email: planning@hants.gov.uk

Planning and Development
Environment Department
Elizabeth II Court West
The Castle
Winchester
SO23 8UD

Phone us on 0845 603 5634
(Contact Centre - Hantsdirect)