The rights contained in permitted development identify some changes that can be carried out on a property especially by homeowners and developers without having to seek full planning permission. These rights are familiar with a variety of usual developments including, the usual house extensions, loft conversions, and the installation of solar panels. However, now and again controversies crop up over whether a definite project would be recognized as falling under the permitted development category. In such situations, a permitted development appeal is usually the subsequent course of action.
What is a Permitted Development Appeals?
A permitted development appeal is a procedure that the property owners or developers can follow if the LPA does not accept the fact that the proposed development is permitted development. While this appeal is made to the Planning Inspectorate – this body reviews the case and makes the final decision.
When to Consider a Permitted Development Appeal
There are several scenarios where you might consider lodging a permitted development appeal:
Refusal of a Lawful Development Certificate: If under Section 192 of the Town and Country Planning Act you submit an application for Lawful Development Certificate (LDC) which is intended to substantiate that your project falls within permitted development rights and your local planning authority (LPA) refuses it, you can appeal the position.
Dispute Over Conditions: At times, the LPA may place restrictions or certain provisions for your project and which you find are quite unnecessary or going too far. If this happens your only option could be to appeal.
Interpretation Disagreements: Permitted development rules can be a cause of dispute at some times. In case you and the LPA disagree as the criteria for your projects, you can appeal in an attempt to settle it.
How to File a Permitted Development Appeal
Filing a permitted development appeal involves several steps:
Review the Refusal: It is always important to make sure that you go through the refusal notice or the decision made by the LPA well.
Gather Evidence: Ensure you gather all the documents that include architectural plan and photograph, and any communication done with the LPA. You may also require specialist’s opinion or legal advice to back up your stand.
Submit the Appeal: Any appeals should be sent to the Planning Inspectorate within some time – normally 12 weeks from the time the LPA has made their decision. The appeal form can either be downloaded from the Planning Portal or it can be filled online.
Written Representation: Many of these permitted developments (PD) appeals are disposed off through written representations, where the parties present their case in writing. Sometimes the matter may be little more serious and you may need a hearing or some sort of an inquiry.
Stages of Appeal:
If all documents and evidence have been compiled then after the submission of the appeal, the Planning Inspectorate will examine all these. The LPA will also be given a chance to state their version of the story. The argument being made positively and the counter argument that can also be brought forward will be evaluated by the Planning Inspectorate and then a decision shall be reached. This process may take anywhere from weeks to several months depending of the case complexity.
Potential Outcomes of a Permitted Development Appeal
The Planning Inspectorate can either:
Allow the Appeal: Should you prevail in your case, your project will be classified as permitted development by the Inspectorate hence you will not require full planning permission to go on with your project.
Dismiss the Appeal: If the appeal has been turned down, then the original decision of the LPA has to be implemented and one may have to either seek permission for a full planning application or redesign the project in order to conform to the permission sought.
Tips for a Successful Permitted Development Appeal
Understand the Regulations: The permitted development rights rules and regulation should be understood well when implementing the project.
Seek Professional Advice: It is noted that hiring a planning consultant or a legal professional can enhance the outlook of your appeal dramatically.
Be Detailed and Precise: Follow evidential type of presentation so that you should submit clear, specific as well as measured so that you should be able to give clear plan and sufficient proof along with your appeal.
An appeal against a permitted development decision is not that easy to deal with, but it can be less complicated when one is aware of what is ahead of him or her. In all cases, a good structure of the appeal will enable you to obtain your development objectives without requiring a full planning permission, whether from a refusal of a Lawful Development Certificate or a condition dispute.
