The applicant has a right of appeal to the Secretary of State for Communities and Local Government (which is administered by The Planning Inspectorate) if:
No decision has been reached on the application within the statutory 8 week period
Planning permission or listed building/conservation area consent is refused
The applicant does not agree with one or more of the conditions on an approval.
Advertisement consent is refused
Application for works to a protected tree is refused. Please visit the Tree Preservation Orders web pages for further information.
an enforcement notice has served (before it takes effect)
It is always advisable to talk to the Council’s planning officer first to find out if there is scope to negotiate a compromise and submit an amended application. Pursuing an appeal is usually time consuming and, depending on which method of appeal you choose, can be expensive and should therefore be considered as a last resort, when all else has failed.
It is not possible for anyone other than the applicant to appeal to the Secretary of State if they are not satisfied with a particular decision.
Time limit on submitting appeals
Appeals against refusal of planning permission, listed building/conservation area consent or against conditions imposed on consent must be lodged within six months of the decision. Appeals concerning lack of determination within eight weeks must be lodged on the expiry of the eight-week period. Appeals against refusal of advertisement consent must be lodged within eight weeks of the decision. Appeals against the refusal of tree works must be submitted within 28 days of the decision.
Further details of the appeal procedures can be found on the reverse of the decision notice, or by visiting the Planning Portal or the Planning Inspectorate websites.
As from 6th April, 2009, all Householder Appeals must be made within 12 weeks of the date of the Decision Notice. For more information please see Planning Inspectorate or Planning Portal Website
Types of appeals
There are 3 ways in which an appeal can be dealt with:
Written Representations - this is the quickest method. The appellant and the Council prepare written statements for the Planning Inspectorate to consider. A Planning Inspector will visit the site and then issue a decision.
Informal Hearing - with the agreement of both parties and where the planning issues are quite straightforward an informal hearing may be called. This is a discussion of the issues involved between the parties which is led by the Planning Inspector.
Public Inquiry - each side presents its case verbally before an Inspector and the witnesses for each side can be cross-examined by the opposing parties. This is usually a more lengthy and expensive procedure as it normally involves professional representation and complex arguments.
The Inspector's decision is final and you have no further right of appeal except to the High Court on a point of law. There is no third party right of appeal although third parties can be involved in the appeal process and are asked for comments on an appeal.
Appeal Forms are available from Planning Inspectorate, and you can make, track and search for certain kinds of appeals online at The Planning Portal.
How much will an appeal cost?
There is no charge for making an appeal but you will inevitably incur some expenses in presenting your case. The cost involved will depend on the procedure to be followed and on the complexity of the case.
In an inquiry or hearing, the council, or other people involved in the appeal, may apply for costs against one of the other parties for "unreasonable" behaviour, for example, failure to submit documents or attend a meeting. It would have to be shown that unnecessary costs had been incurred as a result of this behaviour.
View current and past Planning Appeals online
You can access information on appeals submitted to Dudley Metropolitan Borough Council online.
To find appeal details, please fill in the Appeal lodged dates or Appeal Decision Date on the Planning Application Search Criteria.