All planning decisions on or after 1 October 2013 will be subject to a new appeal process.  The main change will be a requirement for appellants to submit a full statement of case on the submission of the appeal forms.  Councils will need to issue the appeal questionnaire (with copies of the relevant planning policies, and all the comments of interested parties) and notify interested parties within one week (instead of two), submit their own case within five weeks (instead of six), and Final Comments (for written appeals only) will need to be made by week seven (instead of nine).  For Hearings and Inquiries appellants will need to submit a draft Statement of Common Ground when the appeal is first made with a view to agreeing it by week 5 (instead of six).

The new system will not apply to decisions made prior to 1 October 2013.  This means that there will be a 6 month period following 1 October where all decisions up to 1 October will be running on the old system of Full Grounds of Appeal at submission, 6 week Main Statement exchange, and 9 week Final Comments exchange (for written appeals).  From the point of view of the appellant the new system effectively relies on Councils making all comments made on an application easily available.  Although the majority of Councils do now make this information available online, if it isn’t made readily available then the appellant may not see some of the responses until the appeal questionnaire stage.

We will be monitoring this new sequential (rather than simultaneous exchange of case) approach to appeals to see how it impacts on the overall case making process.  Please therefore be aware if you have a decision that you would like SF Planning Limited to appeal then, in due course, it will become more important to talk to us earlier within the 6 month window to lodge an appeal.  This is becuase there will be more ‘up front’ work to carry out.

The changes will also establish a quicker written representations procedure for certain minor commercial appeals.  The Commercial Appeals Service will be based on the Householder Appeals Service and applies to appeals relating to more minor commercial planning applications made on or after 1 October.

If you would like more information please give one of us a call.