The Householder Appeal Service (HAS) started on 6 April 2009. This is the date that the relevant secondary legislation came into force, bringing legal weight to a new, expedited procedure for householder appeals which proceed on the basis of written representations.
The appellant will send in their full statement of case with their appeal forms. If your application is refused, you should look at the reasons why. You may want to contact us for advice. If you amend your proposal and reapply within one year you may not have to pay another fee. Please contact the Planning office for advice on fee regulations that govern resubmissions. You must appeal within 12 weeks of a decision being issued. Only the person who made the application can appeal. In cases where there is more than one applicant, for example Mr and Mrs, either or both can appeal. However, only one appeal is allowed per planning application.
At the heart of the new Householder Appeal Service process is the ability to use the original application file held by the local planning authority in an electronic format for administering the appeal. Under the Householder Appeal Service, there is no opportunity for further comments to be submitted. However, copies of all representations made to the local planning authority in relation to the application, before it was determined, will be forwarded onto the Planning Inspectorate and the appellant. The Inspector appointed by the Secretary of State will consider these representations when determining the appeal.
The local planning authority will rely purely on their decision notice, together with any internal reports to defend the appeal. The local planning authority will not provide a formal appeal statement and will not attend the site visit.
The Inspector will visit the site alone, with the appellant present in some cases only to provide access to the site. The Inspector will then make a decision.
The streamlined process will decide householder appeals in eight weeks of the appeal starting date. The Planning Inspectorate will publish copies of appeal decisions on the Planning Portal website (please see ‘Other websites’ box on the right. A copy of the decision will also be available on the Council website. If you wish to receive a paper copy of the decision, please contact our Customer Services Centre on 01454 868004.
Guidance on the appeals procedure can be found on the Planning Portal website Guidance on Appeals in the ‘Other websites’ box on the right.