Planning Appeals

The applicant has a right of appeal to the Planning Inspectorate if:

• No decision has been reached on the application within the statutory period (usually 8 weeks)
• The application is refused
• The applicant does not agree with one or more of the conditions on an approval
• They have been the subject of any formal enforcement action

Appeals are usually time consuming and, depending on which method of appeal you choose, can be expensive. Before you opt for this course of action, it is worth speaking to the planning officer who dealt with your application to see if there is scope to negotiate a compromise and submit an amended application.

If, however, an appeal is the only option, the applicant has six months from the date of the decision to appeal. Details of the appeal procedures can be found accompanying the decision notice, or by using the links to the Planning Portal and Planning Inspectorate below.

There are three ways in which an appeal can be dealt with:

• Written Representations - this is the quickest method. The appellant and the Council prepare written statements for the Planning Inspectorate to consider. A Planning Inspector will visit the site and then issue a decision.
• Informal Hearing - with the agreement of both parties and where the planning issues are quite straightforward an informal hearing may be called. This is a discussion of the issues involved between the parties which is led by the Planning Inspector.
• Public Inquiry - each side presents its case verbally before an Inspector and the witnesses for each side can be cross-examined by the opposing parties. This is usually a more lengthy and expensive procedure as it normally involves professional representation and complex arguments.

The appellant, the Council and any one else who wants to take part in an appeal is expected to meet their own expenses. This is even if the written representations procedure was originally requested. If the appeal is decided by a hearing or inquiry, the Inspector may be asked for an award of costs against either side. However, this will only happen if it can be shown that the other side behaved unreasonably, or was put to unnecessary expense.

The Inspector's decision is final and you have no further right of appeal except to the High Court on a point of law. There is no third party right of appeal other than on a point of law, although third parties can be involved in the appeal process and are asked for comments on an appeal.

The following detailed guidance on appeals is available from the Planning Inspectorate website where you can also download appeal forms and questionnaires.

Or from the Planning Portal - Make an Appeal Online

The Planning Inspectorate have produced electronic booklets, each of which covers one procedure only, to help with any planning appeals:

Guide to taking part in planning appeals proceeding by written representations - England

Guide to taking part in planning appeals proceeding by a hearing - England

Guide to taking part in planning appeals proceeding by an enquiry - England

Guide to taking part in enforcement appeals proceeding by written representations - England

Guide to taking part in enforcement appeals proceeding by a hearing - England

Guide to taking part in enforcement appeals proceeding by an inquiry - England

Appeals lodged with the Planning Inspectorate are available for viewing.

Last Updated: 24/08/2011