muston planning
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less time to submit appeals
As flagged up in the Planning Green Paper in December 2001, the time limit
for the lodging of appeals with the Planning Inspectorate has been reduced from
6 months to 3 months. The change is set out in Statutory Instrument (SI) 2003/2047
for planning appeals and SI 2003/2048 for listed building consent and conservation
area consent. The changes are explained in Circular 8/2003.
The
new rules will only apply to applications submitted after the changes take effect.
This means that, for any application submitted before September 2003, the period
for lodging an appeal remains at 6 months, even if the decision appealed against
is months or even years later.
It is important to remember that the new 3 month rule applies to appeals against
non-determination as well as against a decision by a local planning authority.
This means that, in a case where the 8 week (rather than the 13 week) period
applies, and no extension of time has been agreed, an appeal against non-determination
to be lodged would have to be lodged within 5 months of the application being
submitted. Beyond that, an applicant would have to await the Council’s
decision, or alternatively withdraw the application and start again.
For further information, see the ODPM web-site at www.odpm.gov.uk
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