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6. Householder Appeals Service - FAQ

Householder Appeals Service - FAQ

What information do LPAs need to supply for Householder Appeals Service cases?

The LPA need to make available all documentation that was used to make the decision on the original application – this will include all plans, the officer’s delegated or committee report, policies, consultation responses etc and the decision notice.  Please Note: These documents should be checked for signatures.  If signatures are found, please redact them before submitting the documents to us.

What are the timescales for LPAs to submit the documentation?

This will be 5 working days.  

What is the best way to submit details regarding the planning policy?

This can be done in a number of ways.  Policies can be emailed in a word/pdf document, or as a direct link to the exact policy on your website. General links to the Development Plan are not acceptable, as the Inspector will not have the time to go looking for the specific policy.

How can LPAs provide the file information?

This can be provided in a number of ways. We are accepting hyperlinks from LPAs. Therefore, documents can be made available via a link or links to the planning file held by the LPA on their website, or by sending the relevant documents individually via an email (named so that they may be clearly identified). PDF is our preferred document format, though we will also accept Word, JPEG or TIF documents.

What is the difference between the Pilot that ran from January 2008 and the Householder Appeals Service from 6 April 2009?

The main differences can be summarised as follows;

• the period within which to appeal will be reduced to 12 weeks
• third parties and any consultees will not have the opportunity to comment at the appeal stage.  All comments made at the application stage will be carried forward and considered by the Inspector.
• 80% of appeals to be decided within 8 weeks

What happens about Householder appeals that were determined at a Planning Committee and were subject to an overturn?

The reasoning for an overturned committee decision (via a detailed committee minute) must be included as part of the case file that is sent to us within 5 working days.

What about third parties?

Third parties will no longer be able to submit comments at appeal stage for Householder appeals, although any representations made at application stage will be forwarded to the Inspectorate (by the LPA) and be considered by the Inspector when making the decision. 

Do I still have to send a copy of the questionnaire and supporting documents to the appellant/agent?

Yes, you do.  Where the appellant or agent has included an email address we would encourage this to be done electronically

We’re communicating with the Planning Inspectorate electronically as part of the Householder Appeals Service. What about the appellant/agent?

Whilst we are looking to work electronically with all LPAs on the Householder Appeals Service, it may still be the case that appellants/agents communicate via post. In such a case you will need to provide paper copies of the Questionnaire and supporting documents to the appellant/agent. The Appeal form (a copy of which should be sent to you by the appellant/agent) will indicate the preferred method of working for the appellant/agent.

Will all Householder Appeals follow this route?

Not necessarily.

For Householder applications made on or after 6 April 2009 which subsequently go to appeal the following appeals will be within scope: 

• Appeals against refusals on householder applications which the Secretary of State has determined will proceed on the basis of written representations. This includes refusals of applications for planning permission, as well as refusals of any consent/agreement/approval required by or under a planning permission, development order or local development order.

The following appeals will not be within the scope of the Householder Appeal Service:

• appeals against any grant of planning permission, consent, agreement or approval which is granted subject to conditions; 
• appeals against a local planning authority’s failure to determine a householder application (i.e. non-determination appeals); 
• appeals against Listed Building Consent (LBC) applications or Conservation Area Consent (CAC) applications. (It should be noted that if a LBC / CAC application is related to a householder application which is refused and proceeds to appeal, the householder application will be within the scope of the Householder Appeal Service.

Next - Example of an electronic appeal file