An applicant or their agent can appeal against a planning refusal, against a condition on a planning permission, or if the Council has failed to decide an application within the statutory target period. Anyone who has been served with an enforcement notice can appeal against the notice. There is no third party right of appeal.
In general, the appeal process can take some time, so it may be preferable to submit a revised scheme to the Council. You may wish to make use of our pre-application/post-decision advice service prior to submitting a revised scheme.
If an applicant is aggrieved by the decision of the District Planning Authority to refuse an application, or grant planning permission subject to conditions, they may appeal against the decision to the Planning Inspectorate. The Planning Inspectorate is a Government organisation and is totally independent from the Council and the applicant.
If the Council fails to decide the application within its statutory target date (usually 8 weeks), the applicant may also appeal to the Planning Inspectorate against this failure.
You can find out how to make an appeal, and the time limits for making each type of appeal, on the Planning Inspectorate website.
When the Planning Inspectorate informs us that they have received an appeal, we will notify all properties originally notified of the planning application as well as those who have made representations in writing.
You can track the progress of an appeal via the Planning Inspectorate's Casework Portal. You will need the last 7 digits of their reference number (example: APP/X0415/A/99/1234567) in order to search.
Our copy of the appeal documentation is available to view via the PublicAccess pages on the Council's website by inputting the Council's original planning application reference number into 'Application Search', or alternatively by visiting the Customer Services area at the Council Offices.
Types of planning appeals procedures
Householder appeals - Householder applications are dealt with using the Householder Appeal Service (HAS). After the initial submission of documents by the appellant and the Council, there is no opportunity for any party, including the Council, to submit further representations. The Inspector will determine the appeal based on the information supplied
Non-householder appeals will be dealt with in one of three ways:
- Written Representations - all evidence and decision-making is done in writing. Most people opt for written representations as this usually means a quicker decision
- Informal Hearing - once all written evidence has been submitted, a discussion of the issues will be held in front of an Inspector but without the formality and legal trappings of a full Public Inquiry
- Public Inquiry - once all written evidence has been submitted, an Inspector will hear evidence from the appellant, the District Council and any other interested parties and there is a chance to cross-examine witnesses. Public Inquiries are usually held in more complex cases where the proposed development has wider implications. The proceedings are similar in some ways to a court of law as each side is usually represented by a solicitor or barrister
The Enforcement appeals process is designed for anyone who has been served with an Enforcement Notice. There are specific grounds that you can appeal on, and an Enforcement Notice appeal must be received by the Planning Inspectorate before the "Effective date" given on the Notice. The appeal procedure will either be Written Representations, Informal Hearing or Public Inquiry as set out above.
More information and advice regarding all appeal types, processes and procedures can be found on the Planning Inspectorate website