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Making an appeal
Sometimes a planning application may be turned down. If you feel that this is unfair or wrong then you have the right to appeal against the decision.
When you can make an appeal
If the Local Planning Authority (LPA) turns down your planning application, you should look at the reasons why it was refused. Speak to the local authority and see if you can sort out the problem by changing your proposal. Often, if you change your proposal and apply again within one year of the refusal you won't have to pay another fee. An appeal should only ever be a last resort.
You can make a planning appeal in the following circumstances:
- if you applied to the LPA for planning permission, and it refused permission
- the local authority gave permission but with conditions you think are inappropriate
- the local authority hasn't approved the details of a scheme which it or the Secretary of State have already given outline planning permission for
- the local authority approved the details of a scheme but with conditions you think are inappropriate or unreasonable.
- if the local authority rejected a proposal arising from a condition or limitation on a planning permission
- if the local authority hasn't given a decision on your application within the time allowed (normally eight weeks from when it accepts your application)
Who can appeal
Only the applicant for permission can make an appeal. There is no right of appeal for interested people or organisations (known as 'third parties') in England and Wales. You can also appeal if the Local Planning Authority has served you with an Enforcement Notice.
The deadline
The deadline for submitting an appeal is now six months from the date of the application decision letter (or six months from the date the decision should have been made).
How to make an appeal
If you do decide to make an appeal, you may be able to make your appeal online via the Planning Portal (the UK government's online planning and building regulations resource).
Alternatively, you can send your appeal to The Planning Inspectorate which is part of the Department for Communities and Local Government (DCLG). You should keep the fax report, and recorded delivery numbers, or if you deliver your appeal by hand ask for a dated receipt.
You should fill in three copies of the appeal form. Send one copy to The Planning Inspectorate, send one to the LPA and the other is for you to keep. You can use appeal forms from the Planning Inspectorate website.
If you live in England:
The Planning Inspectorate
PO Box 326,
BRISTOL
BS99 7XF.
Helpline: 0117 372 8075
Fax: 0117 372 8782
If you live in Wales:
The Planning Inspectorate,
The National Assembly for Wales,
Cathays Park,
CARDIFF,
CF10 3NQ.
Helpline: 029 2082 5670
Fax: 029 2082 5150
How long it will take
The Planning Inspectorate has strict deadlines for you and the LPA to send them information.
When the Planning Inspectorate has accepted your appeal they will write to you confirming which procedure it will follow. Their letter will also tell you the 'starting date'. This is important because it starts the timetable for you and the LPA to send in comments, statements or proofs of evidence.
- within two weeks from the starting date, the LPA will send you and The Planning Inspectorate a questionnaire which they have filled in, as well as inform interested people about the appeal
- within six weeks, you and the LPA can send a statement of your case to The Planning Inspectorate - they will then send you and the LPA a copy of what each other has sent, and any comments from interested people
- within nine weeks, you and the LPA can send The Planning Inspectorate any comments on each other's statement and on comments from interested people
What it will cost
The appeal process itself is free. However, you and the local planning authority normally have to pay your own expenses whether it is decided by the written procedure, a hearing or an inquiry.
The overall cost will depend on whether you employ professional advisers or representatives. Sometimes, when there is a hearing or an inquiry one party may be required to pay the other party's costs, as well as their own.
The Inspector will only do this if the person applying can show that the other side behaved unreasonably, and put them to unnecessary expense.
How the decision is made
Appeals are considered by a planning inspector, appointed by the Secretary of State in England or, in Wales, by the National Assembly.
Most are handled in writing. Some are decided by a hearing before an Inspector. A few are decided after a public inquiry.
The Planning Inspectorate will send you a copy of the Inspector's report. It will usually:
- briefly describe the proposals
- identify the important planning issues
- explain why the Inspector has come to the decision
Withdrawing an appeal
You can withdraw your appeal at any time before it is decided. You may want to do this if, for example, you and the LPA reach agreement and can sort out your differences without an appeal.
After the decision
If you have any complaints or questions about the decision, or the way The Planning Inspectorate have handled the appeal you can write to:
The Planning Inspectorate Quality Assurance Unit
4/09 Kite Wing Temple Quay House
2 The Square Temple Quay
Bristol
BS1 6PN
Email: complaints@pins.gsi.gov.uk
They will investigate your complaint and you can expect a full reply within three weeks.
The High Court
An Inspector decides the appeal on behalf of the Secretary of State (SoS). The appeal decision is in effect the SoS's decision, and the only way to challenge the it is through the High Court. To be successful, you would have to show that the SoS misinterpreted the law.
If your challenge is successful your appeal will be looked at again, but this doesn't necessarily mean that the original decision will be reversed.
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