The Planning Inspectorate- Wales

Guide to taking part in planning appeals: Wales, 2003

The purpose of this guide

Planning applications are made to the local planning authority (LPA). The LPA is the county or county borough council or National Park Authority. Planning applications can be controversial and the LPA's decision can sometimes lead to an appeal. Appeals may be made for a number of reasons, but most are made because the LPA has refused planning permission.

Only the person who applies for the planning permission has a legal right to appeal against the LPA's decision and we call this person 'the appellant'. But, if you had an interest in an application, whether you were for or against it, you may also be interested in the outcome of the appeal. For example, you may live close to the area, or you may be a member of a residents' association or a group with a special interest. This booklet explains how you can make your views known. The guidance it contains applies only in Wales.

We have also produced a more detailed guide for appellants about the appeal process, called 'Making your planning appeal'. We will send you a free copy of the booklet if you write to us at the address given later in this document.

In Wales, appeals are made to the National Assembly for Wales.

Appeals are judged by Inspectors, who are completely unbiased and professionally qualified in planning or a related area, like law or architecture.

An Inspector will decide most appeals, but there are some appeals that the Assembly will decide (for example, proposals that will affect more than just the local area). In those cases, the Inspector will still assess the appeal, but he or she will send a report with his or her recommendation to the Assembly. The Assembly then considers whether to accept the Inspector's recommendation, and issues a decision letter.

Both the appellant and the LPA can have their case heard by an Inspector at a hearing or public inquiry, but very few appeals are dealt with in this way. Most appeals (about 75%) are decided through the written procedure. This procedure, and the other appeal procedures, are described in more detail later in this booklet.

With all the appeal procedures, the Inspector and the Assembly can only consider things which are relevant to planning. These things can cover a wide range of issues, but the LPA's reasons for refusing a planning application will usually set out those issues that will apply.

You can only raise planning issues about the application. The Inspector and the Assembly cannot consider any other matters. For example, they cannot normally consider how a development will affect property values in the area. Or, if a new building would affect the view from your property, this is also not likely to be a good reason for you making an objection. You would have to show that the new building would affect your living conditions, for example, because it overlooks your home or you would lose your privacy.

Only the person who made the planning application has the right of appeal. We must receive all their appeal papers within six months of the LPA's decision notice, or within six months of the end of the decision period if the LPA hasn't made a decision. If we don't receive their appeal papers within the time limit, and there are no exceptional reasons for this delay, we won't accept the appeal. If the appeal has been made in time, we will write to the appellant and the LPA telling them which of the following procedures we will use to decide the appeal. We will also give them the timetable for receiving their comments. How much publicity the appeal receives will depend on which procedure we follow.

Written procedure. If you wrote to the LPA about the planning application while they were considering it, they should write to tell you about the appeal within two weeks of us accepting it. Copies of your representations at application stage will be copied to us so you don't need to write to us again unless you have something new to say.

Hearing procedure. Again, the LPA will tell you about the appeal if you wrote to them while they were considering the planning application. You can write to us again if you have something new to say. The LPA should let you know when the hearing will take place. They may also publish details of the hearing in a local newspaper if they think it's necessary.

Inquiry procedure. There is usually more publicity about an appeal if there will be an inquiry. As with the other appeal procedures, if you have already written to the LPA, they should write to you. And, you can send more comments to us. The LPA should send you details of the inquiry arrangements once the date is agreed. The appellant must display details of the inquiry, like the time and place, on the site of the proposed development.

These are the minimum publicity requirements, and you will find more details about each of these procedures later in this guide. Your LPA may give appeals more publicity.This will depend on which procedure we follow. But, there are important time limits for us receiving comments that everyone taking part in an appeal must follow. If we receive comments outside the time limits, the Inspector will not normally take them into account and we will return them.

Welsh language

The Planning Inspectorate delivers an equally high standard of service to its customers in Welsh and English.

We recognise that our customers can express their views better in their preferred language of communication. Accordingly, we welcome all communications to us in Welsh or English.

Any person wishing to speak at an inquiry or a hearing in the Welsh language, may do so, but it would be helpful if you could inform The Planning Inspectorate beforehand so that arrangements can be made.