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 link to the Planning Inspectorate.
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. The Inspector may be asked for an award of costs against either side and can award costs even though they may not have been asked for by the appellant or the Council.
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.
Last Updated: 21/10/2015