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Appeals Process

If you seek consent or permission to carry out particular works to your property (such as building an extension) and your application isn't decided within a set period, or the local authority refuses your application or grants it on conditions you disagree with, you usually have a right of appeal

Appeals should be made to the Planning Inspectorate which is part of the Department for Communities and Local Government (DCLG).

Appeals are considered by a planning inspector, appointed by the First 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 deadline for submitting an appeal is now six months from the date of the application decision letter (or in the case of non-determination, six months from the date the decision should have been made).

Only the applicant for consent or 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.

What does it cost?

The appeal process itself is free. Unlike the application process, there is no fee for submitting an appeal. However, you and the local planning authority (LPA) 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 long does it take?

The Planning Inspectorate has strict deadlines for you and the local planning authority (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 local planning authority (LPA) will send you and The Planning Inspectorate a questionnaire which they have filled in. They will also tell interested people about the appeal.

Within six weeks from the starting date, 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 (if they were sent in time).

Within nine weeks from the starting date, you and the LPA can send The Planning Inspectorate any comments on each other's statement and on comments from interested people.

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Documents sent late

If you, or the local planning authority (LPA), send your statement, comments or proofs of evidence (in inquiry cases) after the deadlines set in The Planning Inspectorate's 'starting date' letter The Planning Inspectorate will not normally accept them. Instead they will return them to you.

How is the decision made?

The Planning Inspectorate will send you a copy of the Inspector's report. It will usually:

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

The only way you can appeal against the Inspector's decision is in the High Court. To be successful, you would have to show that the Inspector misinterpreted the law.

If your challenge is successful The Planning Inspectorate will look at your appeal again. But this doesn't necessarily mean that the original decision will be reversed.

The Planning Portal

It will soon be possible to submit and track a planning appeal online.

The Planning Portal is a trial of the Planning Casework Service, which promises to speed up the appeals process in England and Wales.

You can find more information on the appeals process and the Planning Casework Service at the Planning Portal.

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