Warmer Bath

Improving the energy efficiency of traditional homes in the City of Bath
officers under ‘delegated’ powers. The Council can
determine the planning application in one of three ways:
• by granting planning permission;
• by refusing planning permission; or
• by granting planning permission subject to conditions.
If planning permission is granted then it is likely that this
will be subject to conditions. The most common condition
will be a time limit within which the development must
begin, usually three years from when planning permission
is granted. Another common condition is to require the
work to be undertaken in strict accordance with approved
drawings of specific details.
9. Refusal notices and appeals
In the event of refusal, details of how to appeal will be
included with the decision letter from the Council.
They can also be obtained from the Planning
Inspectorate, the government organisation that
manages the appeals process in England and Wales.
You will be required to complete and return an appeal
form which, with essential supporting documents,
must reach the Inspectorate within 12 weeks of
the date shown on the Council’s decision notice. At
this stage it may be advisable to seek professional
help from a planning consultant or another support
organisation.
The appeal involves a reconsideration of the
application by an independent planning inspector
and can take the form of written representations, an
informal hearing or a public inquiry.
Written representations
Most planning appeals are decided by written
representation. They are usually the simplest,
cheapest and quickest method. With this method of
appeal, both parties prepare a written statement of
their case and the grounds of appeal should address
the Council’s reasons for refusal. The inspector visits
the site and considers the written evidence from the
applicant, the Council and anyone else who has an
interest in the appeal.
If you are a third party and you write to the Council
about the planning application, the Council should
inform you of the appeal within two weeks of the
Planning Inspectorate’s decision to accept it. The
comments you make about the application will be
taken into account in the appeal unless you write to
the Inspectorate directly.
The inspector writes a decision letter to both parties
in which the appeal is either upheld and planning
permission granted or dismissed and permission
refused.
Informal hearings
Hearings are usually a round table discussion held in
Council offices, village halls or community centres.
They are open to members of the public and usually
last about half a day. The inspector will open the
hearing by explaining what the appeal is about. They
will then go through some routine points, including
asking who wants to speak. The inspector will give
a summary of the applicant’s case and the Council’s
case and outline which topics will be discussed. The
inspector always leads the discussion. The applicant
usually gives his or her views on a topic first, followed
by the Council, then anyone else who wants to
comment.
In most cases, when everyone who wants to speak has
done so, the inspector will suggest that the hearing is
continued on the site of the proposed development
and after this the inspector writes the decision.
Recorded evidence is allowed at the discretion of the
inspector present on the day.
Inquiries
This type of appeal is less common for domestic
planning applications and normally applies to major
developments or developments of more than local
importance. If you want to take a role in an inquiry
and call your own witnesses, you should contact the
Planning Inspectorate at the earliest possible stage.
Inquiries are open to members of the public, and
although you do not have a legal right to speak, the
inspector will normally allow you to do so. Before the
inquiry, if you want to see what the applicant and
the Council have written, you should be able to see
copies of their appeal documents at the Council’s
offices.
A group of individual interested parties may appoint
one agent or solicitor to represent them all and the
agent may make a request for ‘Rule 6’ status. If the
inspector agrees to this, your agent will be asked to
provide a statement of your case and details of any
documents they will produce at the inquiry.
Inquiries are usually held in Council offices, village
halls or community centres. An inquiry is the most
formal of the appeal procedures and may last for
several days, or even weeks. It is not a court of law,
but the proceedings will often seem to be quite
similar and the applicant and the Council usually have
legal representatives.
The High Court
An appeal decision can only be challenged on legal
grounds in the High Court. To be successful, you
would have to show that the inspector had gone
beyond his or her powers or that the Planning
Inspectorate did not follow the proper procedures and
so damaged your interests.
If your challenge is successful, the High Court will
overturn the original decision and return the case to
the Planning Inspectorate, who will re-assess it. This
does not necessarily mean that the original decision
will be reversed. If you decide to challenge the
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