Who can appeal?
An applicant can appeal against:
- a refusal of planning permission;
- conditions attached to an approval;
- a failure by the Council to take a decision within 8 weeks in the case of minor applications or 13 weeks in the case of major proposals;
- an enforcement notice.
There is no right of appeal for people who wrote to the Council objecting to a proposal that was subsequently approved or for other “third parties.”
How to appeal
An applicant has 6 months (8 weeks in the case of an advertisement) from the time of decision (or non decision) to lodge an appeal.
The appeals forms may be obtained by visiting the planning inspectorate website at www.planning-inspectorate.gov.uk. The site details procedures.
Alternatives to an appeal
Appeals take several months to decide.
If your application has been refused you should discuss with the Council whether a modified application would be likely to be acceptable as you may be able to make such an application free of charge.
Appeals procedure
The inspectorate will appoint an inspector to review the decision taken by the Council. Depending on the type of proposal the review may be carried out thorough written representations, an informal hearing or a more formal inquiry.
There will normally be a site visit and “third parties” such as neighbours will have an opportunity to comment.
The inspector will consider the case on its merits. They may overturn or modify our decision and will issue a report giving reasons.
In the decision letter the inspector will usually describe the proposal and identify the important planning issues, examine the main arguments for or against the proposal and explain the reasoning behind the decision.