The Planning appeals process currently in effect in England took effect from the 6th of April 2009, where it replaced the DETR Circular of 2000. The Government performed a lengthy consultation during 2007, which resulted in a number of reforms. These reforms were designed to update the appeal process to make it more streamlined, customer focused and efficient, but remain open, impartial and fair.

There are three main factors in the current planning appeal process – written representations, hearings and inquiries. When making an appeal, an applicant will first fill out a complete appeal form. This must be filled out in full and should be very accurate, as it can affect the strength of the appeal. The most important factor to take into account is to set out in full exactly why the appellant believes they have grounds to appeal the refusal of the local planning authority. If the form is not filled in to the letter, the Planning Inspectorate can refuse the appeal simply on the fact the form is unclear or the appeal doesn’t set out reasons for disagreement in the correct way.

When it is considered that an inquiry or a hearing will be the best way to handle the appeal, the appellant and the local planning authority will begin a dialogue to organize a date for this to take place. At least 2 dates should be organized, and should be organized early in the appeal process. In the case of an inquiry, the appellant must set out how many witnesses will be involved, which topics they will be addressing, an estimate of the time the inquiry will take and whether a legal representative will be used. Once again, care should be taken to ensure this is set out in a straightforward but comprehensive manner.

In many ways, the changes to the legislation have been made to ensure the appeals process does not get full of lengthy cases which are in fact relatively straightforward. The new legislation resists occurrences such as extended postponements, adjournments, and the process is designed to minimize any surprises or changes in the appeal. Interested persons will be informed of the events well in advance, and expert sources will be notified if they are required. The appeal process has further been streamlined to allow much of the initial groundwork to be done online, reducing paperwork and making the process more convenient for the appellant.