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 time periods set out below in which an appeal must be submitted. For more information, including time limits and how to make an appeal, visit the Make a New Appeal page on the .GOV website.
- Householder Application - 12 weeks - Make a Householder Application Appeal
- Full Planning Application – 6 months - Make a Full Planning Application Appeal
- 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 (but note that enforcement appeals are normally 28 days if served prior to a planning application decision)
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. The current appeals process times can be found on the Appeals: How long they take page.
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 although some appeal types do not allow additional comments to be made.