Ashford.gov.uk
 
  Home > Planning and Building Control > Decisions and Appeals
Decisions and Appeals

We consider each planning application on its merits. If a proposal meets our policies and standards, and Government guidance, planning permission will usually be granted.

 

We aim to decide 80% of applications within eight weeks of receipt and in many cases, for more straightforward proposals, this can be between four and six weeks.

 

Once an application is submitted, it is assigned to a case officer and consultation is undertaken. We allow 24 days for comments to be made before a decision is considered. Other consultees, such as Town and Parish Councils and government agencies have up to 28 days to make their comments.

 

All sites are visited by the case officer in order to assess the merits of the proposals. If any modifications are required, the case officer will negotiate changes with the applicant or their agent. The case officer will then prepare a brief report on the case and will summarise any representations received in making a recommendation. If neighbour objections are received, the planning officer will carefully assess the issues when making a recommendation.

 

You can check on progress of an application by using our Application Search.

Who decides whether to approve or refuse an application?

We operate two levels of decision making when determining planning applications:

 

1. Delegated Decisions
In the interests of improving efficiency, planning officers determine a significant number of applications, over 90%, under delegated powers. These include matters such as:

 

The Development Control Manager or Strategic Sites and Design Manager will make the decision to approve or refuse the application and impose any conditions thought to be necessary. The decision notice will then normally be dispatched on the same day or the following day.

 

2. Planning Committee

The Planning Committee meets on a three weekly cycle. Applications considered are those...

  • involving major and strategic planning matters, such as housing development and large retail schemes
  • Applications that raise particularly sensitive issues
  • Applications that the ward member has requested be considered by the committee

 

All applications are reported with a recommendation made by the Development Control Manager or Strategic Sites and Design Manager. The members of the Planning Committee can decide to make a different decision or defer the matter for more information or for a site visit. The meetings are open to applicants and members of the public have an opportunity to speak on applications being considered by that Committee.

 

You can view Planning Committee agendas and minutes in the online Committee system.

 

In some cases, the decision is subject to the signing of a Section 106 Planning Obligation which is a legal agreement used to either enhance the quality of a development or to enable proposals to go ahead which might otherwise be refused. In this case the decision is only issued after the Obligation has been signed.

Appeals

Where the Council refuses planning permission or grants approval subject to conditions, the applicant may appeal against the decision. The period is currently six months from the date of the decision for most planning and listed building applications. There is no third party right of appeal against a decision. The appeal is made to the Planning Inspectorate. You must submit your appeal to the Planning Inspectorate within six months of council's decision or, if one has not been given, six months from the date the decision should have been made. You can do this by using a form available from the Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.

 

Please note that there is no third party right of appeal against a decision – only the applicant or their agent can appeal against a decision.

 

Whilst appeals allow the applicant to have their case determined by an independent inspector appointed by the Secretary of State, they are intended to be used as a matter of 'last resort'. Depending on the process taken they can take several months to decide. It may therefore be better to discuss whether changes to your proposal would make it acceptable.

 

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.

 

You may be able to apply for costs in an inquiry or hearing if the other parties have or can be shown to have acted unreasonably and it can be shown that the costs incurred were unnecessary. Costs are not awarded on the basis of who is successful or not in the appeal. Cost awards are explained in the booklet "Costs Awards in Planning Appeals: A Guide for Appellants".

 

Details about appeals that have been considered or are under consideration can be found below or from the Planning Portal Planning Casework Service.

 

More information on Appeals can be found on the Planning Inspectorate website,  on the frequently asked questions page of the Inspectorate website, or on the Planning Portal website, where you can also make an appeal online

| Help Using the Website |

This webpage was updated on 7/8/2008

A to Z of Services

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Beacon Council
Directgov, public services all in one place
Advanced Search
Ashford Borough Council, Civic Centre
Tannery Lane, Ashford TN23 1PL
Telephone: 01233 331111
Email: customer.care@ashford.gov.uk or view our Compliments and Complaints webpage.
Ashford Borough Council Ashford, Best Placed in Britain