The Minister, on behalf of the Department, has a role in the planning appeal process. It is therefore important that the Minister remains impartial to any planning considerations pending any potential involvement in an appeal. Accordingly no approach should be made to the Minister for earlier input or involvement in a planning application or its consideration.
Once a planning application has been determined a formal notice of the decision will be issued as soon as is practical after the decision has been made. The notice will include the conditions of any approval or reasons for refusal. The decision issued will only become final as soon as the time for requesting an appeal has expired or any appeal has been determined, whichever is later.
A decision notice is issued to the applicant or their agent and a letter sent to all other parties who contributed to the consideration of the application. Guidance is included in the decision notice and letter advising the recipient 1) whether they have been accorded powers to appeal the decision should they wish to, and 2) how to lodge an appeal.
In the case of a refusal the decision notice to the applicant or their agent will be accompanied by a copy the officer’s report.
Persons intending to appeal against a decision of the Planning Authority should consider the matter carefully before doing so. In particular they should thoroughly consider the Officer report and the reasons for refusal, or conditions of approval.
Appeals can be determined based upon written statements or by interested parties attending a hearing.
Many appeals can be satisfactorily determined without a hearing, based purely on written submissions and a site visit by the Inspector. Written considerations are is usually quicker than a hearing, and will save any expenses a party may incur by attending a hearing.
Only the applicant or those parties whom have been afforded interested party status may appeal against a decision made. The policy for assigning party status is set down in a Government Circular (Government Circular 46/13)
Any person with powers to do so may lodge an appeal. An appeal must be in writing to the Department, signed by the Appellant, and submitted within 21 days of the date of the Notice. Although not obligatory should you wish to appeal you may use this form
Planning Appeals administration in the Isle of Man is governed by Article 8 of the Town and Country Planning (Development Procedure)(No2) Order 2013.
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