Applicants have a statutory right of appeal to the Welsh Government if their planning application is refused, or if the Council has failed to make a decision within the statutory 8-week period. In addition, any person on whom an Enforcement Notice has been served can appeal.
The Welsh Government is responsible for determining a wide range of appeals under the Town and Country Planning Act 1990 and other associated planning legislation. The majority of appeals, however, will usually be dealt with by an Inspector appointed by the Planning Inspectorate, who are based in Cardiff.
||Relating to decisions on planning applications:
Guidance on making planning appeals
Relating to the service by the Council of an Enforcement Notice relating to unauthorised development. Planning Inspectorate
Guidance on making enforcement appeals
Relating to the refusal of consent for display of an advertisement
Guidance on making advertisment appeals
|Listed Building Consent Appeals
Relating to the refusal of consent for works to Listed Buildings
Guidance on Listed Building Consent appeals
|Conservation Area Consent Appeals
||Relating to the refusal of consent for demolition within Conservation areas
|Lawful Development Certificate Appeals
||Relating to the refusal, or failure to determine, an application for a Certificate of Lawful use of Existing or Proposed Development
||Relating to the refusal of consent to undertake works to a tree protected by a Tree Preservation Order
||Relating to the service of a Hedgerow Removal or Retention Notice by the Council
||Relating to appeals concerning high hedge disputes
The Written Representations procedure is by far the most common procedure and normally offers the quickest, simplest and cheapest way of deciding appeals. These appeals are handled through the exchange of documents, and a site visit by an Inspector appointed by the Welsh Assembly Government.
The Hearing procedure is simpler and quicker than the Inquiries procedure. A hearing enables the parties to present their case fully and fairly in a more relaxed and less formal atmosphere than at an Inquiry.
A Hearing takes the form of a round-the-table discussion led by the Inspector. Without formal cross-examination or advocacy, hearings are meant to be much less daunting for the un-represented appellant.
Cases conducted by Public Inquiry tend to be large developments where much is at stake and the cost of an inquiry is not a primary consideration, and where rigorous examination of the evidence for and against a proposal is perceived to be necessary.
Such cases are normally conducted for each side by a co-ordinating advocate, often a barrister, who will call on and cross-examine various expert witnesses related to different aspects of the case.