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Planning Appeals

Timeframe

How to identify relevant planning policies

Tips for commenting on planning appeals

Procedures for sending comments

Decision Notices

 

Timeframe

If a planning application is refused by Wokingham Borough Council (WBC), the applicant has six months within which to submit an appeal to the Planning Inspectorate.

If an appeal is lodged, WBC is required to notify previous respondents within two weeks of the "start date" and any comments by the public must be received by the Planning Inspectorate within six weeks of the "start date".

 

How to identify relevant planning policies

The basic issue to be decided by the Planning Inspector is whether the proposed development is in accordance with the statutory development plan for the area.

In the case of Wokingham district, the relevant policies are set out in:

- the Berkshire Structure Plan 2001-2016; and

- the Wokingham District Local Plan 2004.

In order to implement the structure plan, WBC has adopted a series of local plan policies:

1.         WOS                           Overall Strategy

2.         WCC, WLL                Countryside, Landscape and Nature

            and WNC                   Conservation

3.         WGB                           Metropolitan Green Belt

4.         WBE and WHE         Built Environment, Design and Heritage

5.         WH                              Housing

6.         WEM and WRE         Economic Development and Employment

7.         WSH                           Shopping and Town Centres

8.         WR                              Recreation, Leisure and Tourism

9.         WT                              Transport

10.       WIC                             Infrastructure and Community Facilities

 Appendix 8 Parking Standards

The local plan policies may be accessed on the below WBC web page:

http://www.wokingham.gov.uk/environment/planning/localplan

If you wish to submit any comments on an appeal to the Planning Inspector, you should first identify the local plan policies which are relevant.

To enable you to do this:

1. Note the local plan policies which have been cited by WBC in the Decision Notice (see the last section below).

2. View the actual policies cited by visiting

http://www.wokingham.gov.uk/environment/planning/localplan

You may also find it helpful to look at the Design Guidelines in the Barkham Village Design Statement (pages 14 to 18), which cross-refer to relevant local plan policies.

Sometimes 'higher level' planning policies are also relevant. For more information and links, please see Overview of Planning System.

 

Tips for commenting on planning appeals

Please bear in mind when formulating any comments you may wish to send to the Planning Inspector that:

● the Inspector will be sent copies of all comments previously received by WBC in connection with the original planning application;

● the Inspector will only have regard to planning matters and will expect any comments to be supported by citing the relevant local plan policies;

● it is probably better to concentrate on making a limited number of key points well;

● you should only write if you did not comment before or have something new to say.

● Petitions are not a good idea as a petition counts as one objection irrespective of the number of signatories. Pro forma letters, while not ideal, are preferable.

 

More guidance about commenting on planning appeals may be found on the below websites:

Planning Inspectorate guide to taking part in planning appeals

http://www.planning-inspectorate.gov.uk/pins/appeals/planning_appeals/guide_taking_part_appeal_r120.pdf

 

Campaign to Protect Rural England (CPRE) Planning Help: Appeals process

http://www.planninghelp.org.uk/action/action-stop-or-improve-a-bad-development/appeals-process

The CPRE also publish a useful document entitled 'The Facts about the Planning Process'. This document may be downloaded by clicking on the bottom box in the top right hand corner of the above web page.

N.B. There are three types of planning appeal:

- written procedure (the most common);

- informal hearing;

- public inquiry.

 

Procedures for sending comments

Written comments should be sent in triplicate to:

The Planning Inspectorate

Temple Quay House

2 The Square

Temple Quay

Bristol

BS1 6PN

You may also comment by email by following the instructions at

http://www.planningportal.gov.uk/england/genpub/en/1102936775956.html

Letters and emails should quote the Planning Inspectorate appeal reference number (this will begin "APP/...") and include the address of the appeal site in the heading.

Any comments should be typed using Arial 12 or Verdana 12 typeface. Otherwise written representations should comply with the guidelines set out on pages 25-27 of the above-mentioned 'Planning Inspectorate guide to taking part in planning appeals'.

You will not be notified of the result of the appeal unless you ask to be informed of the outcome.

 

Decision Notices

In order to read the Decision Notice giving the Council's reasons for refusing a planning application:

(a)       Go to:

http://www.wokingham.gov.uk/environment/planning/planning-applications/planning-applications-search

(b)       Scroll down the page and select 'Barkham' in the drop-down list under 'Select a Parish'.

(c)        If you know the WBC planning application reference number, insert this in the 'Application No.' box.

(d)       Click on 'Search'.

(e)       Click on 'See the Plans and Documents'.

(f)         Click on the pdf file numbers under 'Decision Notice' and 'Officer Reports'.

If you do not know the WBC planning application reference number:

(i)          Skip (c) above.

(ii)        Click on 'Search'.

(iii)       Scroll down the list of the most recent planning applications until you find the relevant application.

(iv)       Click on 'See the Plans and Documents'.

(v)        Click on the pdf file numbers under 'Decision Notice' and 'Officer Reports'.

 

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