{"id":11814,"date":"2019-02-04T22:07:32","date_gmt":"2019-02-04T22:07:32","guid":{"rendered":"https:\/\/examchum.uk\/?p=11814"},"modified":"2020-07-05T12:00:39","modified_gmt":"2020-07-05T12:00:39","slug":"types-of-appeal","status":"publish","type":"post","link":"https:\/\/examchum.uk\/landscape-architecture\/types-of-appeal\/","title":{"rendered":"What are the different types of Appeal?"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]There are three types of appeal to refused planning applications, that a Landscape Architect can be called in to support a party with the services of an Expert Witness:<\/p>\n

Written Representations<\/h4>\n

A Written Representation<\/strong> is conducted remotely without the need for the client to be present and is considered fairly easy as the Barristers of the opposite parties send their written responses which are then considered by the Planning Inspector after also visiting the site, usually accompanied by the main parties. In this process no verbal submissions are permitted at any time, even on the site visit.<\/p>\n

Hearing<\/h4>\n

A Hearing<\/strong> also involves the submission of written evidence by the main parties with a similar process and timeframe to that used for written representation appeals but will also include an informal hearing once all the written submissions have been received .It is carried out as a round-the-table informal discussion with a Planning Inspector present and leading the conversation where both parties have the chance to make their own case, it usually lasts no longer than a day unless there\u2019s a more complex case which might take more days to discuss and may also include a site visit. The decision can be expected a few weeks after the hearing.<\/p>\n

Public Inquiry<\/h4>\n

A Public Inquiry<\/strong>\u00a0is a formal procedure usually held for more complex cases, with Barristers from both sides present and cross-examination of any witnesses. Both parties send various documents to the Planning Inspectorate prior to the inquiry date, including statements of case and proofs of evidence from expert witnesses.<\/p>\n

The inquire is led by the inspector, all parties will have a chance to present their case and the process may last from one day up to several days or even weeks some cases and this will obviously depend on the complexity of the case and the number of witnesses involved.<\/p>\n

The general public are also given time to speak at the end of proceedings.<\/p>\n

Timescales<\/h4>\n

The table below describes the timescales for a decision by the Secretary of State (duration is measured from appleal application to decision deadline):<\/p>\n

Source: Gov.uk<\/a><\/em>[\/vc_column_text]<\/p>\n

\n\n\n\n\n\n\n\n
Enforcement appeal<\/th>\nDecision made within<\/th>\n<\/tr>\n<\/thead>\n
Written representations<\/b><\/td>\n38 weeks<\/td>\n<\/tr>\n
Hearing<\/b><\/td>\n40 weeks<\/td>\n<\/tr>\n
Public Inquiries<\/b><\/td>\n76 weeks<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

[\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]<\/p>\n

READ MORE<\/h5>\n