Appealing A Refused Planning Application
Applicants who have received a refusal of planning permission, or who are not happy with the imposition of a condition on a planning permission may appeal to the Planning Inspectorate. Also, where the Council has failed to determine an application within eight weeks the applicant may also make such an appeal.
If you have submitted an application you have the right of appeal to the planning inspectorate if:
- a decision regarding your planning application has NOT been reached within the statutory period for a decision (usually either 8 or 13 weeks from the date the application has been registered)
- the application has been refused
- you do not agree with any of the conditions attached to an approval of planning permission
Visit the GOV.UK website for more information.
The above does not apply if an enforcement notice has been served, in which case you can only appeal within 28 days of a planning permission (if an enforcement notice was served prior to any application or its determination) or 28 days of the service of an enforcement notice where an application was determined for the development which is the subject of the notice before the notice was served.
You can find more information on enforcement appeals on the GOV.UK website.
Making an appeal
Only the original applicant, or an agent on their behalf, may appeal against the council’s decision.
You can find more information about making an appeal on the GOV.UK website.
Want to find an appeal?
You can use the Planning Inspectorate website to search for an appeal
Want to comment on appeal?
You can use the Planning Inspectorate website to comment on an appeal
There are three ways in which an appeal can be dealt with:
Written Representations – this is the quickest and simplest method of appeal. The applicant and council prepare written statements for the planning inspector to consider. The inspector will visit the site, usually accompanied by both parties, and then issue a written decision.
Informal Hearing -statements are again prepared by both parties and a hearing arranged where the inspector leads a discussion about the issues with the applicant, the council and any third parties present. A site visit will also take place on the same day. Following the hearing the inspector will issue a written decision.
Public Inquiry - this process is usually reserved for major or complex proposals. Again statements are submitted by each party before the inquiry. At the inquiry each side presents its case verbally before the inspector and the witnesses for each side can be cross examined by the opposing party. This is the most lengthy and expensive procedure and normally involves professional representation by a barrister or solicitor.
Third party right of appeal?
There is no third party right of appeal at present whether an application has been approved or refused.
Third parties, such as objectors, can be involved in the appeal process on an application about which they have commented. We let all parties know who made comments on an application of any appeal that is subsequently lodged.
A procedural guide to taking part in planning appeals is available on the GOV.UK website.