Wednesday 30 January 2013

Commercial Appeals Service Wales

From next Monday (4th February 2013) the Planning Inspectorate in Wales is to launch a 6 month pilot of a Commercial Appeals Services (it already operates a similar Householder Appeal Service).  This is a fast-tracked written representation appeal only, where the aim will be to issue decisions on qualifying appeals within 12 weeks (the current average time is 16 weeks). In future PINS is to aim for an ultimate target of 8 weeks to reach a decision (subject to new legislation) 

Only certain schemes will be eligible e.g ground floor changes of use up to 250m2, changes of use from A1 to A2/A3 and from A2 to A3 and new shopfronts and to refusals to vary condition imposed on such proposals.  Not all Local Authorities are participating either (eg Conwy and Anglesey havent  signed up)  

The new process is front loaded. Opportunity to comment (or rebut) is limited to a short period to respond to 3rd party comments made during the appeal.  Its therefore important you seek advice early to optimise prospects of success. 

The new CAS doesn't affect your rights to choose to use existing routes and we may still advise you to  avoid the pilot where we judge it doesn't represent the best route to success. 

   


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