Appeals against the council's planning decisions are made to the Planning Inspectorate. The Secretary of State appoints the planning inspectors who determine the appeals.
You can appeal for a number of reasons. Most are against:
- the refusal of an application for planning permission;
- the refusal of other forms of application (e.g. listed building consent);
- the imposition of a condition the appellant disagrees with;
- the application not being decided within the statutory 8 week period; or
- the issue of an enforcement notice by the council.
Only the person who applied for planning permission, or was served with an enforcement notice has a legal right to appeal (known as the appellant). There is no right of appeal for interested people or organisations (known as third parties).
How are appeals dealt with?
From 6 April 2009, a streamlined appeal process for householder planning application was introduced. It is known as the 'Householder Appeal Service'. The service is a simplified and quicker route, and a decision will normally be reached within eight weeks.
A householder application is defined as:
- an application for planning permission for development of an existing dwelling house, or development within the curtilage of such a dwelling house for any purpose incidental to the enjoyment of the dwelling house; or
- an application for any consent, agreement, or approval required by, or under planning permission, development order or local development order in relation to such development.
It does not include an application for change of use or an application to change the number of dwellings within a building.
The time limit for submitting a householder appeal is 12 weeks from the date of the council's decision.
All other appeals
The time limit for submitting all other appeals is six months from the date of the council's decision (or before the date an enforcement notice comes into effect). The appellants can advise on the procedure they wish the appeal to be determined by, however the Planning Inspectorate will make the final decision.
There are three ways in which an appeal can be determined:
The appellant and the council prepare written statements for a planning inspector to consider. The planning inspector will visit the site and then issue a decision. Third parties may also submit representations and go on the site visit should they wish to do so.
Where the planning issues are not so straightforward and require a discussion. This is an informal discussion of the issues between the parties which the Planning Inspector leads. Third parties are welcome to attend and speak at the hearing at the discretion of the Inspector.
A public inquiry
Where the planning issues are complex or there are legal matters to discuss. Expert witnesses present evidence and the opposing party can cross-examine them. Third parties may take part but can also be cross-examined.
Guidance on making an appeal, the appeal process and taking part in appeal can be found here.
Last reviewed: 15 - 05 - 2019