When you can appeal
You have a right to appeal against a planning decision on any of the following grounds:
- permission has been refused
- you consider unreasonable conditions have been imposed
- if we have not made a decision on a planning application after 8 weeks (or 13 weeks for major applications)
All appeals are made to the Planning Inspectorate (PINS) and considered by inspectors appointed by PINS. The Planning Inspectorate's 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).
These are dealt with by an exchange of written statements and a site visit by a PINS inspector.
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.
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 porders: 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.