Salford City Council always gives written reasons for refusing planning permission. If we refuse your application outright, or if you do not get a decision within eight weeks for minor applications or 13 weeks for major applications, you have the right to appeal. Please note that only an applicant has the right of appeal. There is no provision in national law for third party rights of appeal.
An independent Planning Inspector, appointed by the Planning Inspectorate on behalf of the Secretary of State considers appeals. Appeals can either be dealt with in writing or you can request that the appeal be considered at an informal hearing before an Inspector. A few significant appeals need a public inquiry which is a much more lengthy process.
Further information about planning appeals and how to submit an appeal is available from the Planning Inspectorate.
Appeals are dealt with purely on their planning merits. About one third of the appeals for business development are successful.
For all non-householder applications you must submit your appeal to the Planning Inspectorate within six months of the council's decision or, if one has not been given, six months from the date the decision should have been made. This will give applicants time to enter into discussions with the council to find out whether the reason(s) for refusal can be overcome by amending the proposal.
For householder applications you must submit your appeal via an expedited procedure within 12 weeks of the council's decision or, if one has not been given, within 12 weeks from when the decision should have been made.
If there is an outstanding enforcement notice on the site for a development which is the same or substantially the same as the refused proposal shorter timescales for an appeal will apply. This will be detailed on the decision notice which sets out the reasons why your application has been refused.
There is no charge for making an appeal but you will inevitably incur some expenses depending on the procedure followed, the complexity of the case and any professional or legal advice you seek.
People can apply for costs at an appeal if the other parties have been 'unreasonable' and it can be shown that the costs incurred were unnecessary. Costs are not awarded on the basis of who 'wins' the appeal. Further information can be found by visiting the Planning Inspectorate.
If you have made a representation on the application which is the subject of an appeal these will be forwarded to the Planning Inspectorate for consideration. In addition, anybody who wishes to make representations to the Planning Inspectorate on an appeal can do so direct.
In the case of a householder application, in the event of an appeal which proceeds by way of the expedited procedure, any representations made about the application will be passed to the Secretary of State and there will be no opportunity to make further representations.