If you want to make an appeal against a planning decision then you should contact the Planning Inspectorate at the address below:
The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN
Website: Planning Inspectorate
N.B. Appeals are intended as a last resort and they can take several months to decide. It is often quicker to discuss with the Council whether changes to your proposal would make it more acceptable.
General Guidance
Planning Appeals are dealt with by the Planning Inspectorate, which is part of the Department for Communities and Local Government (DCLG).
If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. All Appeals must be submitted within a strict time limit from the date of the decision as listed below:
- Refusals of Householder applications (registered after 6th April 2009) - 12 weeks from the date of the decision notice.
- Refusal of Advert Consent - 8 weeks* from the date of the decision notice.
- All other application types - 6 months* from the date of the decision notice.
* Effective from 6 April 2010, the new time limits are:-
- 28 days from the date of the refusal or the expiry of the period which the local planning authority (LPA) had to determine the application, where the enforcement notice is served before the application is submitted;
- 28 days from the date of the refusal or the expiry of the period which the LPA had to determine the application, where the enforcement notice is served before the decision on the application is reached or the determination period has expired; or
- 28 days from the date the enforcement notice is served, where the enforcement notice is served after the decision or expiry of the period which the LPA has to reach a decision on the application, unless the effect would be to extend the period beyond the usual time limit for cases not involving an enforcement notice.
An appeal can also be made if the application has been granted with conditions that the applicant does not agree with or if the Local Planning Authority has not made a decision within a set time period.
An appeal can also be made against an enforcement notice that has been served in respect of unauthorised development.
Only the applicant or a person served with an enforcement notice can make an appeal and there is no right of appeal for third parties or interested organisations. However, anyone who has made written representations on an application, will be notified if the application becomes the subject of an appeal.
Any appeal, which is made to the Planning Inspectorate, can be dealt with in one of four ways:
- Householder Appeals (Householder applications registered after 6th April 2009): A new process for Householder Appeals which proceed by way of written representations, to be known as the "Householder Appeal Service". Third parties will not have the opportunity to make further representations to the Planning Inspectorate. A copy of the Notice to be completed with the Ownership Details on the Appeal Form can be found here (external link).
- Written Representations: This is the most common method and involves written submissions from the person making the appeal (appellant) and the Local Planning Authority. Third parties can also make representations to the Planning Inspectorate.
- Hearing: This type of appeal involves an informal discussion of the issues, which is lead by the Planning Inspector following the submission of written submissions. Third parties can also make representations to the Planning Inspectorate.
- Public Inquiry: This is the most formal of the three appeal processes and is usually reserved for cases that are complex, controversial or require witnesses to be cross examined. The start of the procedure is much the same as the written representations or hearing but there are additional requirements. These include the submission of proofs of evidence, a statement of common ground and a requirement to publicise the inquiry. Third parties can also make representations to the Planning Inspectorate.
Guidance on the appeal process can also be found on the Planning Portal.
Have your say on Appeals
Any comments made in respect of the original application for development will be forwarded to the Planning Inspectorate, and taken into account by the Inspector deciding the appeal. If you would like to comment on the appeal, you must send your comments to the The Planning Inspectorate within six weeks of the start date of the Appeal or they will not normally be seen by the Inspector and will be returned. (Please note - For appeals dealt with using the new "Householder Appeals Service" you no longer have the opportunity to comment at appeal stage). For further information on your right to make further representations on appeals please see the Planning Inspectorate website. Guidance on taking part in planning appeals can also be found listed on the right of this page.
Additional and more detailed information about making an appeal can found on the Planning Portal (UK Government website) and Planning Inspectorate websites. Please note that the Council is not responsible for the contents of these external websites.
Enforcement Appeals
For guidance on taking part in enforcement appeals follow the link and information can be found listed on the right of the page.