Refusals and appeals

Contents

Your right to appeal

You have the right to appeal against:

  • a Council planning application refusal
  • planning conditions attached to an approved decision
  • non-determination if you haven't received a decision to your application within the statutory time period (8 or 13 weeks)

There is no third party right of appeal in the English planning system. Once the decision is taken by the Council it cannot be challenged by a third party, unless there are grounds for a judicial review. This can only be sought if there is evidence that the Council can be challenged on a point of law rather than a disagreement with the actual decision or the weight given to concerns that have been expressed.

Always contact your case officer before you submit an appeal. You may be able to negotiate an amended scheme without having to go through the appeal process.

How and when to appeal

The Planning Inspectorate deals with planning appeals.

  • An appeal against refusal of a householder planning application must be lodged with the Planning Inspectorate within three months of the date of the decision notice.
  • All appeals for other types of application must be lodged with the Planning Inspectorate within six months of the date of the decision notice with the exception of advertisement applications which have a shorter timescale.

Read more about the Planning Inspectorate.

There are three types of appeal:

  • written representations – this is the most common appeal. Each side submits its case in writing and an Inspector visits the site. This is the speediest way of getting a decision.
  • local hearing – this informal hearing is chaired by an inspector, and both the appellant and the Council, as well as other interested parties, may put their respective cases verbally, as well as by written submission.
  • local public inquiry – this takes the form of a formal quasi judicial hearing, presided over by an Inspector. Often parties are represented by lawyers and witnesses are cross-examined.

The decision of the Secretary of State or one of the inspectors is final and there is no further right of appeal except upon a point of law in the High Court.

Search for an appeal

You can search for all current (awaiting decision) and determined appeals.

Full documentation on determined appeal cases can be found with the documents for the original planning application that was the subject of the appeal.

 

Last updated: 16 April 2024