Applicants have a right of appeal to the Secretary of State in a number of circumstances:
- if the council fails to reach a decision on your application within the statutory time frame (8 or 13 weeks depending on the scale of the application, called a ‘non-determination’);
- if the council refuses planning permission;
- against conditions imposed on a grant of planning permission.
The Planning Inspectorate deal with planning appeals on behalf of the Secretary of State.
There are three forms of appeal:
Written statements are submitted to an Inspector by the council and the appellant. Each party has the opportunity to comment on the other's statement and will usually accompany the Inspector on a site visit. This is usually the quickest appeal procedure.
Designed to create an informal atmosphere, allowing 'round the table' discussion, chaired by an Inspector, and is applicable where issues are fairly straightforward.
A public inquiry
For the largest or most controversial proposals, an inquiry is led by an Inspector, who will consider evidence from both parties who will be legally represented and cross examined.
Householder appeals service
The Planning Inspectorate also have an expedient service for dealing with householder planning applications, where there is no exchange of statements and the Inspectors decision is based purely on information submitted at application stage and a site visit. A decision is usually made within 6 weeks.
You must appeal within six months of a planning decision (12 weeks from the date of decision under the householder appeals service). Your appeal will usually be determined by an Inspector appointed by the First Secretary of State and the time taken will vary depending on the complexity of the case (6 weeks for householder appeals service). The appeal decision can only be challenged on a point of law if it is felt that the requirements of the Planning Acts or Rules of Procedures have not been carried out. Such a challenge is made through the High Court or by judicial review and legal advice will be necessary.
For further information, please download the notes to applicants or our customer advice note 7 which can be downloaded below.
You can view whether a refused or ‘not determined’ application is/was subject to an appeal by searching for the original application using our online planning register, where you can also download any documentation associated with the appeal (i.e.: statements). If you wish to comment on a current appeal, you will need to use the Planning Inspectorate’s online Planning Casework Service and search using the Planning Inspectorate reference or addresses.
Community Infrastructure Levy (CIL) appeals
Appeals can be made against several aspects of the Community Infrastructure Levy (CIL) collection and enforcement system, from the calculation of the amount due to any enforcement actions the council may take. For more information please see our Community Infrastructure Levy webpage.