If you are aggrieved by the decision of the Local Planning Authority to refuse permission or approval for the proposed development, or to grant it subject to conditions, then you can appeal to the National Assembly for Wales in accordance with Section 78 of the Town and Country Planning Act 1990.
If you want to appeal, then you must do so within six months of the date of the decision notice using a form which you can get from the Planning Inspectorate, Cathays Park, Cardiff CF1 3NQ).
The National Assembly can allow a longer period for the giving of a notice of an appeal but will not normally be prepared to use this power unless there are special circumstances that excuse the delay in giving notice of appeal.
When you submit your appeal, you must also submit a copy to the Council.
The Council carries out the consultation and publicity on appeals. However, the Planning Inspectorate is responsible for all other aspects of the process.
An Inspector is appointed to determine the appeal. Some cases may be referred to the National Assembly Planning Decision Committee.
There is a choice of 3 appeal procedures. In all cases an Inspector is appointed to determine the appeal.
- Written Representations - you and the local planning authority make written statements to be considered by the Inspector.
- Informal Hearing - written statements are prepared as above but all parties appear in person before the Inspector.
- Public Inquiry - this is a formal process, all parties appear before the Inspector, normally with legal representation and cross-examination.
There are strict deadlines for all parties to make their statements or representations on appeals.