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Wednesday, 3 October 2023

Make a planning appeal

If your application to your council for planning permission, or part of your application, was refused, you can appeal against the decision. You can also appeal if the council didn’t make a decision. Find out how to appeal, how long it will take and what the costs are.

Before you make an appeal

Building regulations

To appeal if the work doesn’t get building regulations approval, see ‘How planning permission and building regulations work’

If your council turns down your application, check why it was refused. Speak to the planning department and see if you can fix the problem by changing your proposal. If you apply again within a year, you usually don’t have to pay a fee.

An appeal should be your last resort. Generally, only one in three appeals is successful.

Sometimes a development corporation or national park authority is responsible for your application. If this is the case, you should speak to them.

Types of appeals

If you are a private home owner, you are most likely to appeal against the refusal of your householder application. These appeals are called ‘householder appeals’. You might also appeal about the council’s decision on a related application, for example for listed building consent.

You can also appeal against an enforcement notice. The council may send you such a notice if you carry out building works, or change the use of buildings or land, without permission from them. This notice will tell you what you need to do to put things right, how long you have to do so and when the notice comes into effect.

When you can make an appeal

You can appeal only if you made the original application. Your appeal must be made to the Planning Inspectorate, which handles planning appeals. You can appoint someone else to act as your agent, eg an architect.

There are various reasons for making appeals. You can find them on the forms you need to complete. You can only make an appeal on those grounds.

How to appeal

You can make your appeal online through the Planning Portal. You can also ask the Planning Inspectorate to send you the forms.

The forms will ask for personal data eg your name and address. Information about appeals will be published online including the personal information submitted, but the Planning Inspectorate won't show personal email addresses, telephone numbers and signatures.

The council will tell you the date by which they should have made their decision on your application. Most types of appeal have to be made within strict time limits, eg a householder appeal must be made within 12 weeks of the council’s decision, or the date by which they should have made it. Appeals against refusal of planning permission must be made within six months of the council’s decision or the date by which they should have made it.

Most cases are handled in writing by the Planning Inspectorate. Sometimes there is a hearing or an inquiry, but inquiries don’t happen very often.

Contacting the Planning Inspectorate

If the site of your appeal is in England, contact:

Customer Support Unit
The Planning Inspectorate
Room 3/05
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

Helpline: 0117 372 6372
Fax: 0117 372 8782
Email: enquiries@pins.gsi.gov.uk

If the site of your appeal is in Wales, contact:

The Planning Inspectorate
Welsh Assembly Government
Cathays Park
Cardiff
CF10 3NQ

Helpline: 029 2082 5670
Fax: 029 2082 5150
Email: wales@pins.gsi.gov.uk

What a planning appeal costs

A planning appeal is free, but there is a fee for enforcement appeals if you appeal on the basis that permission should be granted.

If someone else involved in your appeal has put you to additional, unnecessary expense, you can put in a claim for costs. They can also claim costs.

Withdrawing an appeal

You can withdraw your appeal any time before the appeal decision has been made. You may want to do this if you and the council come to an agreement.

How long will the planning appeal take?

If you decide to appeal, there are deadlines you need to follow. The Planning Inspectorate will write to you with the ‘start date’ for the appeal and what you need to do, by when. Timetables differ between types of appeal and the procedure being followed.

The Planning Inspectorate makes decisions as quickly as possible. The Inspectorate publishes information on the Planning Portal to give you an idea of how long it will take.

How the decision is made

Appeals and claims for costs are normally decided by a planning inspector. In a few large cases, the inspector will write a report and the Secretary of State will make the decision. The decision will be sent to you or your agent.

If you disagree with the decision, you can only challenge it through the High Court. You would have to show that the law wasn’t followed. If your challenge is accepted, the appeal will be looked at again by the Planning Inspectorate.

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