Planning appeals are dealt with by the Planning Inspectorate, which is a government agency who take an unbiased approach to the case and make their own informed decision. For advice on making and submitting an appeal please visit GOV.UK website.
Who can make an appeal?
Only the person who made the planning application can make an appeal. Anyone who lives near to the appeal site, or has an interest in the appeal can make a comment on the process (except in the Householder Appeal Service).
How do I view an appeal?
There are two ways in which to view appeals by using Public Access please select appeals or via the Planning Inspectorate website.
What can I appeal about?
As an applicant of a planning decision, you can appeal against the council's decision in the following instances:
- Referral of planning permission
- Decision has not been made within the deadline (8 weeks for householders or minor applications and 13 weeks for major applications)
- Conditions added to the approved decision in which you object to
- Serving of an enforcement notice
You should only consider making the appeal as a last resort. The best course of action is to try and negotiate with the Local Planning Authority and come to an agreement you are both happy with. Before submitting an appeal it is advisable to speak to the planner to see if your scheme could be amended in a way for it to be more likely to be acceptable. If this is the case we will advise you to consider resubmitting your application.
How long do I get to submit and appeal?
Appeals relating to planning applications must be made within six months from the date of the decision. The time period is shorter for householder and minor commercial appeals (12 weeks) and advertisement appeals (8 weeks).
How is an appeal dealt with?
Householder Appeal Service is for small scale developments to existing properties where the application has been refused or a decision has not been made within the deadline.
Written representations is the most common method and involves written submissions from the person making the appeal (appellant) and the Local Planning Authority.
Informal Hearing type of appeal that involves an informal discussion of the issues, which is led by the Planning Inspector following the submission of written submissions.
Public Inquiry is the most formal of the three appeal processes and is usually reserved for cases that are complex, controversial or require witnesses to be cross examined. The start of the procedure is much the same as the written representations or hearing but there are additional requirements. These include the submission of proofs of evidence, a statement of common ground and a requirement to publicise the inquiry.
The appellant and the local authority can request that their case be dealt with at a Hearing or a Public Inquiry but the Planning Inspectorate will decide which procedure is to be used.