There are two situations in which an owner can ask for a review of the council's decision:
- a 'listing review', that is a review of the decision to include an asset on the list
- a 'compensation review', that is a review of a decision not to pay compensation, or the amount of compensation.
In either case there is a time limit of eight weeks following the date the Council gave written notice of its decision. The council has discretion to allow a longer period.
Reviews have to be carried out by a senior officer who did not take any part in the original decision, and this will be the Assistant Director, Planning and Regeneration.
A request for a review should be sent:
If the owner has appointed any legal or other representative to act on his or her behalf in connection with the review, the council should be informed of this, whereupon the council will correspond with the representative and is not obliged to supply copies of documents to the owner.
The council will supply details of the procedure for conducting the review, which must be completed within eight weeks following receipt of the request, unless the owner agrees to a longer period.
An oral hearing will be held if the owner or the council requires one, otherwise the review will be conducted in writing. In either case, both the owner and his or her representative may make representations to the reviewer.
The owner will be notified of the decision on review, together with reasons.
There is a further right of review in either case to a First-tier Tribunal, which must be applied for within eight weeks.
An owner may be entitled to claim compensation for loss or expense incurred as a result of the listing.
A claim must be made in writing to the council by the end of thirteen weeks after the loss or expense was incurred, or finished being incurred.
The owner should state the amount of compensation sought, and include supporting evidence.
Claims should be sent:
The council will consider the claim and give written reasons for its decision.