Charnwood Borough Council

Planning Appeals

The applicant can make an appeal to have a decision made by the Planning Inspectorate if Charnwood Borough Council:-

• refuses an application
• allows it subject to conditions which the applicant finds unacceptable
• fails to determine the application within the statutory period for making the decision.

Useful resources are the Planning Portal and the Planning Inspectorate websites with guidance, information and relevant links to assist in the appeals process.

NEW HOUSEHOLDER APPEALS

Please note that there is a new faster procedure for "Householder Applications" received after the 6th April 2009 and refused planning permission by the Local Authority. For further information please refer to the Planning Portal or Planning Inspectorate website.

Householder application means –

(a) an application for planning permission for development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse, or

(b) an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development,

but does not include –

(i) an application for change of use;

(ii) an application to change the number of dwellings in a building.

The Planning Inspector will 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 on the file to defend the appeal. The Local Planning Authority will not provide a formal appeal statement and will not attend the site visit.

Any third party letters of support or objection about the planning application will form part of the planning application file.

Under the Householder Appeals Service there is no provision to add to these comments at the appeal stage.

If you made comments on the planning application then you will be notified when an appeal has been received.

New variation of “Notice under Articles 6 and 9(1) of Appeal” in the GDPO specifically for householder development.

This form must be used by applicants who wish to appeal against the refusal to grant planning permission for householder development when serving notice on owners / tenants.