OUT OF TIME?
With effect from 6th April 2010, new regulations come into force that will in certain situations reduce the time period within which a planning appeal can be made to just 28 days. This change effectively closes a loophole in the planning appeal process which allowed considerable delay to proceedings.
Normally a party seeking to legitimise a development or change of use that is complained of within a planning enforcement notice will make a Ground (a) appeal to the Secretary of State requesting that planning permission be granted. Such an appeal will need to be made prior to the date specified in the notice on which it is to take effect.
However circumstances can arise where a planning application is applied for independently of an enforcement notice being issued. This can occur, for example, where an application for planning consent is made and prior to determination an enforcement notice is issued by the planning authority. In this situation, if the application is refused by the planning authority, then from 6th April any appeal must be made to the Secretary of State within 28 days of the refusal. The normal period for such an appeal if no enforcement notice has been issued is 6 months, or 12 weeks for householder appeals.
If you require further information regarding changes to the time limit within which planning appeals can be made or on any aspect of planning law, please contact:
Roger Curtis
Partner
Property Group
rogercurtis@cumberlandellis.com
Tel: 020 7674 0558
