Planning appeals

This page contains both guidance and frequently asked questions relating to the planning appeal process.

Guidance

For 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 inquiry- England

For enforcement appeals

• 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

Frequently asked questions

What happens in appeal process?

The local planning authority (LPA) will not send an appeal statement but will rely on their decision notice to defend the appeal together with the officer’s delegated report or committee report. Those residents who commented on the application will not be given the opportunity to provide further comments, however, the comments that they submitted as part of the application will be passed on to the Planning Inspectorate.

The appeal will be considered by a planning inspector appointed by the Secretary of State. However, before you appeal it may be worthwhile discussing with the case officer why your proposal was refused and whether any changes to the proposal would be acceptable.

If you submit a further application within twelve months of a refusal it will not need a further fee if the proposal is the same or similar.

When may I have a right of appeal?

If you apply for planning permission and the council:

• does not make a decision on the application (non-determination) within the regulatory period allowed (usually 8 or 13 weeks).
• refuses your application
• grants permission subject to conditions you disagree with

Who can appeal?

The only person who can lodge an appeal is the applicant. Objectors or supporters of a planning application have no rights of appeal.

How long have I got to appeal?

Householder appeals - 12 weeks

Non householder appeals - 6 months

How much does it cost to make a planning appeal?

There is no fee for making an appeal.

How long will it take?

The Planning Inspectorate aim for 80% of householder appeals to be decided within 8 weeks.

How do I start?

You must apply to the Planning Inspectorate. Alternatively you can request the relevant forms by writing to them at:

The Planning Inspectorate

Temple Quay House

2 The Square

Temple Quay

Bristol

BS1 6PN

If you require further information on any planning appeals please telephone 0303 444 5000 or visit the Planning Inspectorate website.