Appealing A Planning Decision
If you think your Council has made the wrong decision on your application, or if you have not been given a decision within 8 weeks, (or 13 weeks for larger schemes) you can ask the Planning Inspectorate to consider your case.
The appeal system gives disappointed applicants the chance to have their proposals looked at again by someone independent. It takes time to deal with appeals so it is worth discussing the problems with the relevant case officer.
If you decide to appeal, the Inspector will consider your proposal from scratch, they will look at the same matters as the Council, including the Development Plan and all other relevant matters. It is an Inspector’s job to ensure that all the relevant matters have been properly taken into account.
For What Reasons Can I Appeal?
You can appeal to the Planning Inspectorate https://www.gov.uk/appeal-planning-decision/how-to-appeal
if the Council has:
- refused your application for planning permission;
- given permission but with conditions which you think are unreasonable;
- refused to approve the details of a scheme which has already been given outline planning permission;
- approved the details of such a scheme but with conditions which you think are unreasonable
- refused your proposal to meet a condition
- Taken longer than 8 weeks (13 weeks for larger schemes) to decide your application and have not told you that your application is being rejected because it is repetitive.
- refused your application for the felling of or works to a protected tree.
There are different time limits to make an appeal depending on the type of application:
Householder planning application: The appeal following refusal should be submitted within 12 weeks from the date on the decision notice. If there has been no decision the period for appealing is up to 6 months from of the end of the period when the decision should have been issued. Where the appeal is being made against conditions the period is 6 months from the date of the decision.
Other types of planning application (including listed building consent): You must send your appeal to the Planning Inspectorate within 6 months of the date of the notice giving you the Council’s decision. If there was no decision send your appeal within 6 months of the end of the period when the decision should have been issued.
Appeals in relation to application for works to protected trees: These should be submitted within 28 days of receipt of notification of the local Planning Authorities decision. Where the Authority has failed to reach a decision within 8 weeks beginning with the day after the date on which the authority received the application the appeal shall be lodged within 28 days of the date by which a decision should have been reached.
If your appeal is late the Inspectorate will almost certainly refuse to accept it. The Council will notify those likely to be affected by the development, all those who commented on the initial proposal and all other interested parties – that an appeal has been made. This notification includes details of how the appeal will be dealt with and give a time limit, further representations should be sent to the Inspectorate.
What Are The Chances Of Success?
Nationally, about one third of appeals succeed; a lot depends on how your proposal relates to local and national planning policies. Appeals, like applications, must be decided in line with the Development Plan unless there are very good reasons why not. Each appeal is decided individually. The time and cost involved will mostly depend on what procedure is followed and on how complex the case is. You will not have to pay for an appeal relating to the refusal of planning or listed building consent but you will be expected to pay your own costs.
How Will My Appeal Be Handled?
Four out of five appeals are dealt with by written representations. Your appeal is decided on the basis of written statements from you, the Council and any third party interests. The site will be visited by an Inspector. If you or the Council wish to be heard by an Inspector you may request that a Public Local Inquiry or an Informal Hearing will take place, though if there is no evident benefit the Inspectorate can decline the request. A hearing is more relaxed and usually involves an open discussion led by the Inspector following written submissions.
The Appeal Decision
The decision on the appeal will briefly describe the proposals, identify the important planning issues and examine the main arguments for and against the proposal. It will then explain why the inspector has reached the decision.