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Planning appeals

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Details of how to lodge an appeal against a planning decision

If we refuse your planning permission you have the right to appeal to the Planning Inspectorate against our decision.

Who can appeal?

Only the person who made the application for planning permission can appeal. Appeals should be made to the Planning Inspectorate which is part of Communities and Local Government.

Who makes a decision about the appeal?

Appeals are considered by a Planning Inspector, appointed by the Secretary of State.

Appeals against householder applications

All householder applications that go forward to appeal will be dealt with by the householder appeal service. Any appeal must be submitted within 12 weeks from the date of the Council's decision letter.

Appeals against non householder applications

All appeals against non householder applications must be lodged with the Planning Inspectorate within 6 months from the date of the Council’s decision letter. Rights of appeal are also possible against conditions, Enforcement Notices and Tree Preservation Order refusals.

Methods of appeal

There are three methods of appeal for Non-Householder applications:
1. Written Representation
This is the most popular form of appeal, favoured where the planning issues are considered to be straightforward.  The appellant and the Council both prepare written statements for the consideration of a Planning Inspector, who may also carry out a site visit before reaching a decision.

2. Informal Hearing
This is favoured where the planning issues are considered to be rather more complicated and it takes the form of a 'round the table' discussion of the issues between the Council and the appellant which is led by the Inspector.

3. Public Inquiry
This is where each side verbally presents their case before an Inspector, usually by legal representation.  The witnesses for each side can be cross-examined by the appellant or their representatives.

NB. Under planning legislation there are no third party rights of appeal against a planning decision.

Guidance on the appeal process and how to submit an appeal are available on the Planning Portal


Published: 24 July 2012 - 9:19am