When decisions on planning applications and related planning issues are made, the applicant may have a right of appeal. The appeal is considered and decided by the Planning Inspectorate.
View and comment on appeals
You can view details on the Appeals Casework Portal. Any documents submitted as part of that appeal are uploaded to the application record and can viewed on our online portal.
Details on our current, key planning appeals can be viewed here.
Depending on the procedure specified by the Planning Inspectorate, you may be invited to make further comments on an appeal. Any comments must be submitted through the Appeals Casework Portal.
You can find more detail about taking part in appeals here.
Who can make an appeal
Only the applicant has a right of appeal against a refusal of permission, conditions imposed or the failure of the Council to reach a decision in time. In enforcement cases, this right rests with the landowner or a person with a legal interest in the land. Other parties have no right of appeal.
Before making an appeal
Reasons for refusal or conditions are found on the decision notice. The officer’s report will usually explain these reasons in greater depth. In enforcement cases, this information is set out on the enforcement notice.
Often, you can seek further pre-application advice to resolve or reduce the issues before making a further application. The appeals process should not be used to evolve a proposal or address an absence of information, and will normally take longer.
If you intend to request that the appeal is heard by way of a public inquiry, you must submit prior notice no less than 10 working days before lodging your appeal.
Time limits for making an appeal
These vary depending on the type of appeal concerned. The relevant time limit will be specified on the decision or enforcement notice and are summarised in the Planning Inspectorate’s Procedural Guide.
How to make an appeal
The appeal must be made to the Planning Inspectorate. Alternatively, you can request a paper form.
You must detail your grounds for appeal. In the case of a householder or minor commercial appeal, you may not amend your proposals. You must provide all the information and documents prescribed on the relevant form.
You must send a copy of your completed appeal form, grounds of appeal and any documents attached to the Council.
How appeals are handled
The Inspectorate will determine the appropriate procedure to be followed:
- Fasttrack – where the Inspectorate will simply reconsider the proposal at the time of the Council’s decision;
- Written representations – where the appellant and Council are invited to make a statement of case;
- Hearing – where the inspector will hold a structured discussion between the appellant and Council to answer questions they may have, in order to inform their decision; and
- Inquiry – where each party is represented by an advocate and professional witnesses, with examination and cross-examination of evidence supplied.
Interested parties may provide further comments on the appeal made (including any new information supplied) except on Fasttrack appeals, where only their comments made at the application stage will be considered.
Interested parties may only observe hearings and inquiries. For hearings, the inspector may, at their discretion, allow verbal comments. There is no right to participate in an inquiry, unless registering as a Rule 6 party.
More information on how the Planning Inspectorate handle appeals, associated deadlines and the expectations of the parties in involved, can be viewed in their Procedural Guide and the Planning Practice Guidance.
The decision on an appeal
When a decision is made, it will be published on the Appeals Casework Portal. The Council will also add it to the online portal. Any challenge to that decision must be made to the Courts within 6 weeks.
The Inspector may also award costs against any party, on the grounds of unreasonable behaviour. This decision will usually be issued at the same time.