Decisions and Appeals

A planning application can be decided by the case officer or by the planning committee. This can be:

• Approved, usually with conditions attached
• Refused, with reasons given for the refusal
• Deferred, to allow more information to be gathered before making a decision.

Usually, wildlife concerns are addressed by conditions. These can relate to construction methods, mitigation and compensation and the aftercare and management of the site. Wildlife surveys, however, should not be included in conditions – these should be completed before a decision is made. Planning authorities have powers to enforce these conditions, to make sure they are carried out.

Once a decision is made, only a developer can appeal against it. Third parties (ie not the planning authority or the developer) cannot make appeals. If you feel that a planning authority has made the wrong decision, you can make a formal complaint. If you are not happy with the planning authority’s response, you can make a complaint to the Public Services Ombudsman for Wales.

Appeals can be made against the planning decision, but also against the conditions of a planning approval, an enforcement notice or against non-determination (when the planning application is not decided within a certain time limit). They are decided by a planning inspector appointed by the Assembly Government, rather than the local planning authority. Decisions for smaller developments are usually made using written representations, but for larger and complex developments, the inspector may hold a hearing, or a public inquiry. The inspectors decision is final.

Appeals are advertised the same way as planning applications. You can respond in writing to an appeal and ask to speak at a hearing or public inquiry. You can repeat points made regarding the application, add new information, and make suggestions. If an application has been refused on wildlife grounds, it is important to respond to an appeal to support the local planning authority decision.