Only applicants have the right to appeal against a decision of the Council and the appeal decision is final unless defective on a point of law.
If an applicant is aggrieved by the decision of the Council to refuse planning permission, or to grant planning permission subject to conditions, he or she may appeal against the decision to the Planning Inspectorate.
Details of how to appeal are included in the notes attached to the decision notice. An appeal may also be lodged if the Council has not made a decision within eight weeks of the application being registered.
For information and guidance on making an appeal online please use the Appeal Information page on the Planning Portal Website. The procedure for lodging an appeal involves filling in an Appeals form from the Planning Inspectorate website. Please note that copies of the form must be returned to the Inspectorate and the Council.
An appeal must normally be lodged within six months of the date of the decision or of the date by which a decision should have been given, in the case of an appeal against non-determination.
| From the 6th April 2009 in the case of a Householder Appeal it should be lodged within 12 weeks of the date of decision. |
In the case of an advertisement appeal, it should be lodged within eight weeks of the date of the decision.
More information on appeals can be obtained in the Government's publication entitled Making Your Appeal and the Royal Town Planning Institute's leaflet Guide to taking part in Planning Appeals.
For information on any revised procedures please use this link to Planning Appeals. For further information and guidance please visit the Planning Portal. The Planning Portal has an Online search facility which enables you to find an appeal in England which has been accepted as valid and where the final part of the appeal reference starts with a 'Z'.
Please click onto the links to obtain copies of the publications.
Planning Appeals are dealt with in one of three ways:
Written Representations: This is where the appellant and the Council each put their case in the form of written statements. An Inspector considers the written evidence and visits the site before giving a decision. This is the most common way in which appeals are decided.
Public Inquiry: At a public inquiry, each side is usually legally represented and the case is put verbally to the Inspector, with the right to cross examine the evidence of witnesses. The Inspector can also question each side to clarify evidence.
Local Hearing: This method of dealing with appeals is less formal than the public inquiry, in that it dispenses with the legal representation and allows each side to put their case to the Inspector in person. |