flock of birds at Lymington

Appeals

Applicants can challenge the Authority’s planning decisions by making an appeal to the Planning Inspectorate.  Appeals can be lodged against the following:

  • Refusal of planning permission
  • Condition/s imposed on a grant of planning permission
  • Non-determination of an application within the required time limit
  • Taking formal enforcement action.

The Authority will send out details of how to appeal with all decision notices and enforcement notices.  Appeal forms are available from the Planning Inspectorate.

The Authority will notify anyone who has made a representation on an application of any subsequent appeal.

The Planning Portal provides advice relating to Appeals and also the ability to make an appeal online.

Important changes to the Appeals process came into force on 6 April 2009. New Guidance explains these changes and the procedures to be followed at appeal. You can view an overview of Appeal changes here:

pdf Overview (302KB)

Changes to Householder Appeal Service (HAS)

These changes apply to all householder planning applications, including refusals against conditions on householder applications (not appeals) submitted on or after 6th April 2009. This to be known as the Householder Appeal Service (HAS)

Definition of a Householder Application can be found here:

The critical changes are:

  • The time limit for making a Householder Appeals will be reduced to 12 weeks from the decision date.
  • Third parties will not be given another opportunity to comment although they will be notified of the appeal.
  • The report (delegated or committee) and decision notice will form the basis of the Authority’s appeal case. No further written statements will be able to be submitted.
  • The Authority will provide the Planning Inspectorate with an electronic case file. This will include the appeal questionnaire and all the documents referred to, including third party letters of representations.

Further details of the HAS can be found here.

If you have any further queries please do not hesitate to contact the Planning Admin Team on 01590 646615 or email: appeals@newforestnpa.gov.uk.

special - protect