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Planning appeals

Swale Borough Council has received notification from the Planning Inspectorate that the appeal hearing scheduled for 30 May 2017 has been postponed. This is to allow for the publication of the Planning Inspectorate's report in respect of the Local Plan. We apologise for any inconvenience this may have caused. 

Application No: 16/506942/FULL
Appeal Ref(s): APP/V2255/W/16/3165245; APP/V2255/W/16/3165247; APP/V2255/W/16/3165248; APP/V2255/W/16/3165249; APP/V2255/W/16/3165251; APP/V2255/W/16/3165252; APP/V2255/W/16/3165253APP/V2255/W/16/3165250;

Proposal: Linked Planning and Enforcement Appeal 17/500018/ENF - Proposed private traveller site comprising 8 pitches, each with a mobile home, touring caravan and utility room together with access road
Location: Land At Spade Lane Hartlip

Viewing notices and appeals

View planning and enforcement Notice Appeals and Planning and Enforcement Notice Appeal Decisions Received for 2014. For details of appeals after May 2014, see our Public Access Portal

There are certain circumstances when the applicant has the right to make an appeal to the Secretary of State.

Right of appeal

You can appeal in the following circumstances:

  1. If you applied to Swale Borough Council (as the local planning authority - LPA) for planning permission, and they:
    • Refused permission;
    • Gave permission but with conditions you think are inappropriate;
    • Haven't approved the details of a scheme which they or the Secretary of State have already given outline planning permission for or
    • Have approved the details of a scheme but with conditions you think are inappropriate or unreasonable.
  2. If the Swale Borough Council rejected a proposal arising from a condition or limitation on a planning permission.
  3. If the Swale Borough Council don't decide your application within the time allowed. Normally the time allowed is eight weeks from when they accept your application.
  4. If the Swale Borough Council told you that they needed more information before they could decide your outline planning application, but you do not want to supply this.

Such appeals must be submitted within six months of our decision or the expiry of the relevant statutory period, as appropriate.

If you are considering submitting an appeal, you may find it helpful in the first instance to discuss with a planning officer whether there is scope to amend your proposal in a way that will overcome the Council's objections. The name and contact details of the planning officer who dealt with your application can be found on your decision notice.

Planning appeals may be dealt with in one of three ways:

You will find a more detailed explanation of the appeal process on the Planning Inspectorate's website and on the Planning Portal.

Householder Appeals Service

The Householder Appeals Service (HAS) started in April 2009. It provides an additional speedier service just for householder appeals on the basis of written representations.

Use the householder appeal form if either of the following circumstances apply:

  1. The LPA have refused your householder application.
  2. The LPA have refused your householder application to vary or remove a condition attached to a previous grant of permission.

Your appeal and essential supporting documents must reach the Planning Inspectorate within 12 weeks of the date shown on the local planning authority's decision notice.

Use a standard planning appeal form if either of the following circumstances apply:

  1. The LPA have not decided your householder application within the 8 week time limit and you want to appeal on the grounds of its non-determination (in other words its failure to decide); or
  2. You are appealing against the grant of permission subject to conditions to which you object.

In these cases the time limit for the Inspectorate to receive your appeal is 6 months from the date shown on the LPA's decision notice (or within 6 months of when they should have decided the application).

The process

The revised process includes major changes for the Inspectorate, for local planning authorities (LPA's) and for appellants.

At the heart of the new HAS process is the ability to use the original application file held by the local planning authority in an electronic format for administering the appeal. The local planning authority will rely purely on their decision notice, together with any internal reports to defend the appeal. The LPA will not provide a formal appeal statement and will not attend the site visit.

The appellant will send in their full statement of case with their appeal forms

The Inspector will visit the site alone, with the appellant present in some cases only to provide access to the site.

The streamlined process will decide householder appeals in eight weeks. This is approximately 6 weeks quicker than at present.

There are benefits for all stakeholders:

You can submit your appeal on-line through the Planning Portal using the Planning Casework Service. This is an on-line service that gives wider and easier access to the planning system. It allows people to track the progress of cases.

Enforcement Notice Appeals

Where development has taken place without the necessary permission, the Council may choose to serve an Enforcement Notice. This is a formal Notice, requiring the land owner and any other responsible person to take certain specified actions. Anyone who has been served with an Enforcement Notice may submit an appeal to the Secretary of State provided that this is done before the Notice takes effect.

The Planning Inspectorate

Appeals are handled on behalf of the Secretary of State Communities and Local Government by the Planning Inspectorate, an independent Government agency, based in Bristol.

To submit an appeal you will need the appropriate form (there are different forms for different types of appeal) which is available either from the Planning Inspectorate's website or from:

The Planning Inspectorate
Room 3/01 Kite Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
Phone: 0117 372 6372

Alternatively, you can make an appeal online via the Planning Portal

The Planning Inspectorate has developed detailed guidance on the appeal process. Guidance booklets are available to download via appeal pages of the Planning Portal Website or paper copies are available from the Development Services Reception at Swale House.

The progress of appeals can be monitored on the Planning Casework Service.

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