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 determination period
Planning permission is returned
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 theTree Preservation Ordersweb pages for further information.
an enforcement notice has served (before it takes effect)
It's always advisable to talk to a 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's 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 scales for appeals vary depending on the application type for latest time scales and further
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.
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.
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.
You can access information on appeals submitted to us online. To find appeal details, please fill in the Appeal lodged dates or Appeal Decision Date on thePlanning Application Search Criteria.
