Planning Appeals

The Appeals Process

An applicant who has submitted a planning application has the right of appeal to the Secretary of State at the Department of Transport, Local Government and the Regions in the following circumstances:

  • if a decision has not been reached within 8 weeks of the application being received by the Council , or
  • upon receipt of a decision notice either for refusal or approval (where the applicant is aggrieved by any condition imposed)

Following issue of a decision, applicants have the following time periods in which an appeal must be submitted:

  • Householder Application - 12 weeks
  • Planning Application – 6 months
  • Listed Building Consent – 6 months
  • Advertisement Consent - 8 weeks
  • Minor Commercial Application - 12 weeks
  • Lawful Development Certificate – None (unless for LBC – 6 months)
  • Other Types - 6 months

The Planning Inspectorate is responsible for planning and enforcement appeals and holding inquiries into local development plans. They also deal with a wide variety of other planning related casework including listed building consent appeals, advertisement appeals, and reporting on planning applications. The Inspectorate decides which of the following appeal methods will be used and to come to a decision on a planning appeal lodged:

  • by Written Representations - the applicant and the local authority will submit a written statement explaining their cases
  • by an Informal Hearing - where the applicant and local authority submit their written statement of case and then meet informally with an Inspector to discuss the issues
  • by a Public Local Inquiry - a formal process similar in operation to a court of law where the applicant and local authority may be legally represented and can be cross examined and call witnesses

Depending upon the method chosen, this will determine how long the process will take before the Planning Inspectorate issues an appeal decision.

Anyone initially consulted on a planning application or who has written in with their representations will be notified in writing by the Council should an appeal be lodged. They can then write to the Planning Inspectorate giving their views on the planning application. Once the Planning Inspectorate has made a decision, the Council will notify these people of that decision.

A Guide to Taking Part in Planning Appeals proceeding by Written Representations

A Guide to taking part in Enforcement Appeals proceeding by Written Representations

Useful Planning Portal Links

Appeals Guidance

Making a New Appeal Online

Submitting Appeals and Supporting Documents by Post

Search for Appeals

Comment on an Appeal