Planning enforcement and appeals

Planning appeals

You have a right to appeal against a planning decision, because it has been refused or because unreasonable conditions are considered to have been imposed.

In addition if we have not made a decision on a planning application after 8 weeks (or 13 weeks for major applications), you have the right to appeal against non-determination. All appeals are to the Planning Inspectorate (PINS) and considered by Inspectors appointed by PINS. The Planning Inspectorates appeal decision is final unless defective on a point of law. In such a case an appeal to the High Court can be made. Third parties, including objectors, have no right of appeal.

Methods of appeal

Householder appeal service

These are dealt with an exchange of questionnaires followed by an unaccompanied site visit by an inspector from the Planning Inspectorate (PINS).

Written representation

These are dealt with by an exchange of written statements and a site visit by a PINS inspector.

Hearing

These are suitable for smaller cases and are an informal discussion chaired by a PINS inspector between the appellant, the council and any interested party or objector.

Public inquiry

These are mainly used for major applications where cross examination of witnesses is necessary to test the evidence and normally require both the Council and the appellant to be legally represented. A public inquiry may take more than one day and is a much more formal procedure than a hearing.

Appeal time limits (from date of decision)

Householder appeal service - 12 weeks

Listed Building applications - 6 months

Conservation area applications - 6 months

All other minor and major applications - 6 months

Advertisement applications - 8 weeks

Tree Preservation Orders - 28 days

Lawful Development Certificate - no time limit

Enforcement - appeals submitted between the date of issue and before the notice comes into effect (a period of not less than 28 days)

Everyone who receives an Enforcement Notice and certain formal Notices has a right to appeal.

All types of Planning and Enforcement appeals should in normal circumstances be submitted online (link opens in new window).

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