As previously mentioned the Foxley Oaks planning application (16/01196/OUT) has now gone to appeal.
Its estimated that the appeal will be heard by the Planning Inspectorate towards the end of 2017.
We will endeavour to keep everyone updated on the process of this appeal.
How are appeals determined?
In general, appeals are determined on the same basis as the original application. The decision will be made taking into account national and local policies, and the broader circumstances in place at the time of the decision. Where any change between the original planning decision and the appeal has the potential to affect the outcome, all parties will have an opportunity to comment on the new material.
The appeal will be determined as if the application for permission had been made to the Secretary of State in the first instance. This means that the Inspector (or the Secretary of State) will come to their own view on the merits of the application. The Inspector (or the Secretary of State) will consider the weight to be given to the relevant planning considerations and come to a decision to allow or refuse the appeal. As Inspectors (or the Secretary of State) are making the decision as if for the first time, they may refuse the permission on different grounds to the local planning authority. Where an appeal is made against the grant of permission with conditions, the Inspector (or the Secretary of State) will make a decision in regard to both the granting of the permission and the imposition of conditions.
Is there a right of appeal against permission granted to someone else?
Once the local planning authority has granted planning permission, there is no right of appeal to the Secretary of State against the decision, except by the original applicant where they are appealing against a condition.
A decision by the local planning authority can only be challenged in the courts on a point of law; for example, the way in which the decision has been made and whether the correct procedures have been followed. A challenge in the courts has to be brought within 6 weeks. Further information about applying for judicial review is provided by the Ministry of Justice.
Is there an opportunity for interested parties to submit comments or objections regarding a proposal at appeal?
People who are interested in the outcome of an appeal have an important role to play in the planning process. Their representations indicating support for, or opposition to, a proposed scheme are taken into account by the Inspector along with other material considerations.
There are opportunities for interested parties, such as neighbours, to make comments on the majority of types of appeals. The local planning authority will normally advise interested parties of the appeal start date, and the date by which any representations should be made where applicable.
Further information on appeals against decisions on planning permission under section 78 of the Town and Country Planning Act 1990 can be found in section 2.