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Planning decisions and powers of appeal

The planning decision

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 decision notice will include any conditions accompanying an approval, or reasons for any refusal. The notice is issued to the applicant or their agent, and in the case of a refusal the notice will be accompanied by a copy of the officer’s report.

Letters are also sent to all parties who contributed to the consideration of the application, informing them of the decision, the supporting reasons or conditions and where they may view the officer’s report.

Guidance will be included in the body of the notice and any letters informing the recipient whether they have been accorded powers to appeal the decision and where to direct that appeal should they wish to.

The decision, as stated within the notice, becomes final as soon as the time for requesting an appeal has expired (21 days) or any appeal has been determined, whichever is later.

Appeal

The administration for a planning appeal is managed by the Cabinet Office.

Whilst an applicant will always have powers of appeal, any other parties to an application will be notified if they also have such powers within the body of their decision letter. These powers are referred to as ‘interested person’ status – as defined in 6(3) the Town and Country Planning (Development Procedure)(No2) Order 2013 – Persons who have such power and who may wish to contest the decision or disagree with the conditions/reasons attached to it, may lodge an appeal. The appeal must be in writing to the Department, signed by the Appellant, and submitted to the address as follows within 21 days of the date of the Notice being issued. An appeal application form for is available as a downloadable document to the right of this screen.

The appeal form should be sent to; 

DEFA Planning and Building Control

Murray House

Mount Havelock

Douglas

Isle of Man

IM1 2SF

Telephone:+44 1624 685902

Fax:+44 1624 685875

Email:Send Email

Please note that an appellant may withdraw the appeal by giving notice in writing to the Cabinet Office at any time prior to a) 7 days from the date of the scheduled commencement of an inquiry; or b) in the case of a written representation procedure, at any time before the final date of the receipt for the written submission.

Once an appeal has been lodged, Planning administration will convey a complete and full copy of the planning application file along with all details relative to the consideration (including all representations made) to the Cabinet Office.

The Planning Appeals Administrator will refer the appeal and all correspondence to an appointed independent person (Planning Inspector) to consider the matter.

The Planning Inspector has certain specific functions set down to perform on behalf of the Department. These functions are set down under Article 8(7) of the Procedure Order, in summary, they: 

  1. must consider the application and any written submissions made with respect to it;
  2. may in the case of an inquiry only, hold a pre-inquiry meeting to be convened on his or her behalf by the Cabinet Office;
  3. must in the case of an inquiry only, give to the appellant, the Department and every interested person an opportunity to appear before him or her on a date fixed and to make oral representations and to call and examine witnesses;
  4. may invite any Government Department (including any Division of the Department) or any other body or person to provide technical advice; and
  5. must make to the Department a report in writing that includes the planning inspector’s recommendations as to the determination of the appeal.

Once received the Department will consider the report of the independent person and either allow or dismiss the appeal; and may in either case reverse or vary any part of its decision, whether or not the appeal relates to that part.

Notification of the appeal decision is conveyed by a letter from the Chief Executive as soon as is possible to the applicant and all interested parties. The notice of the decision will include a copy of the report whilst letters to all other parties will direct them to where the inspectors report may be viewed.

In view of the Department's role in the appeal process and the final decision being made on behalf of the Department by the Minister, it is important that the Minister is kept impartial for any potential appeal consideration. Therefore no approach should be made for the Minister’s earlier input and or involvement to a planning application consideration.

Where an appeal is upheld the fee initially paid by the appellant will be refunded.

Please be aware that under Article 9 of the Development Procedure Order costs may be charged against the appellant should they fail without reasonable cause to appear at the time and place appointed for the inquiry. The Department may require the appellant to pay the whole or specified part of the costs and expenses incurred by any interested person in connection with the appeal.

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