The Planning Inspectorate- Wales

Making Your Lawful Development Certificate Appeal (Guide)

Making your Appeal

Your right of appeal

This guide is intended to help anyone who wishes to appeal, on or after 1 April 2003, against a planning authority’s decision (or failure to decide) on an application for a lawful development certificate (LDC).

If a properly made application is wholly or partly refused, or it is granted in a different form from the application, or is deemed to have been refused (because the authority has not determined the application within the time-limit of eight weeks of receiving the completed application), you can appeal. Appendix 4 gives the text of the statutory provisions for an appeal against a refusal, or deemed refusal, of a certificate application.

Under the Town and Country Planning Act 1990, almost all appeals are decided by Planning Inspectors. An appeal can be dismissed, or it can be allowed wholly or partly and a certificate granted.

Welsh language

We deliver an equally high standard of service to our 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 us beforehand so that arrangements can be made.

How to appeal

Only the applicant may appeal. The best way to appeal is to complete the official lawful development certificate (LDC) appeal form. Forms are obtainable from us at the following address. By properly completing an appeal form, you will help to ensure that your appeal is dealt with quickly.

The Planning Inspectorate
Crown Buildings
Cathays Park
Cardiff
CF10 3NQ

Telephone: 029 2082 3893
Fax: 029 2082 5150

E-mail: wales@planning-inspectorate.gsi.gov.uk

You can use the forms on our website. Our address is www.planning-inspectorate.gov.uk. We cannot accept appeals by e-mail yet. If you want to use the forms on our website you will have to fill them in and send them to us by post.

With your completed form you should enclose supporting documents, including the application made to the local planning authority (LPA) and any plans and documents that formed part of the application. You should also enclose the LPA’s decision (if any), all relevant correspondence with the LPA and a plan showing the site marked in red with two named roads. If your lawful development certificate appeal relates to a planning condition please also enclose a copy of the relevant planning permission.

You should send a copy of your appeal and documents to the LPA.

Making your case

Your appeal form should contain a clear and concise statement of your full case and the reason(s) why you consider the subject of the application to be lawful.

An application for a LDC is not the same as an application for planning permission, where the merits of what you have applied for are considered. In deciding your LDC application or appeal, the decision rests on the interpretation of the facts and planning law; the planning merits are not relevant. The Assembly therefore has no power to grant planning permission if you appeal against the LPA’s decision on your application for a LDC. But you can apply to the LPA for planning permission in the normal way, without affecting your application or appeal for a lawful development certificate.

Is your appeal valid?

The case officer will make an early assessment of the validity of your appeal. If your appeal, or information received later from the LPA shows that the operation, use or other matter had an effective enforcement notice in place at the time of your application, the matter cannot be lawful and your appeal will be turned away.

The appeal process

When the case officer has examined your appeal form and documents you will be told whether the appeal is valid and what procedure it will go by. You may request the written procedure, a hearing or an inquiry. Requests for a hearing will be considered wherever possible. But we will have to consider whether a local inquiry is necessary. For example, where the development or use has already taken place (appeals under S191) an inquiry will usually be necessary if evidence of the period over which the activity has taken place is needed, or where there is a dispute between you and the LPA on the facts of the case. An inquiry will also be necessary where either you or the LPA ask for one

As part of the appeal process the LPA will send in a statement of their case which will be copied to you. Your statement will be copied to the LPA. You and the LPA will have the opportunity to comment on each other’s statement. The appeal process is described in more detail in sections 4 to 6.

Suspending action on your appeal (abeyance)

We are committed to dealing with all appeals as speedily as possible.

We do not normally agree to hold up appeals but this is possible in exceptional circumstances for a short period of time. For example to allow you and the LPA to come to an agreement that will lead to the appeal being withdrawn.

However, the appeal will only be delayed if that it is the most appropriate way forward, and there is evidence that a quick conclusion is likely.

All requests for us to hold an appeal in abeyance should be made in writing to the case officer. We will ask the LPA for their comments. Even if they agree, the final decision remains with us.

Deferrals and postponements of hearings, inquiries or site visits

We try our best to make the arrangements for a hearing, inquiry or site visit as early as possible. If you and the LPA agree to the first date we offer the decision will be much quicker.

Each party is allowed only one refusal of a date offered for a hearing or an inquiry. After that the date, time and place will be fixed by us.

Once a date has been fixed it can only be changed in exceptional circumstances.

Withdrawing your appeal

You can withdraw your appeal at any time before the Inspector gives his/her decision. You may want to do this if, for example, you and the LPA reach agreement and can sort out your differences. Or you may realise that a new application will resolve matters without an appeal.

If you decide you want to withdraw your appeal you should phone the case officer straight away and then write to confirm the withdrawal, giving the appeal reference number. You should also tell the LPA immediately. This is especially important if a site visit, hearing or inquiry has been arranged.

If you unreasonably withdraw your appeal at any stage, you may have to pay the costs of the other people involved. See 'Your Appeal Costs' for further information.