Sometimes a planning application may be turned down. If you feel that this is unfair or wrong then you have the right to appeal against the decision.
Appeals Process
If you apply for planning permission, you will usually have a right of appeal if:
- your application isn't decided within a set period
- we refuse your application
- we grant it with conditions you disagree with
You should make your appeal directly to the Planning Inspectorate. Only you, as the person who applied for planning permission, can make an appeal. Interested third parties do not have the right to appeal.
You can also appeal if we have served you with an Enforcement Notice.
There are strict time limits on the right to appeal, depending on the type of application you are making an appeal on.
Once you have submitted your appeal, it will be checked to make sure that everything is in order. The Case Officer dealing with your appeal will let you know what else you need to do during the course of your appeal, and when you need to do it. After all the documentation has been gathered together, the Inspector appointed to deal with your appeal will consider all the evidence in the light of:
- the development plan
- local and national policy
- your statement of case,
- the local authority’s statement of case,
- comments you make on their statement and vice versa
- comments submitted by anyone else.
Your case will be considered on its own merits. Your statement should cover all the points that you consider relevant, but you should try to keep it as short as possible. The Inspector appointed to deal with your appeal has access to all national planning policy and if you want to refer to it, you only need to quote the particular paragraph(s) of the relevant document(s).
Where the Inspector is deciding the case, the Case Officer will send the decision to you. Where the Inspector is not making the decision, the report will be sent to the officials acting for the Secretary of State and they will let you know the decision.
Most appeals are handled in writing. Some are decided by a hearing before an Inspector. A few are decided after a public inquiry. Some householder appeals may use the Householder Appeal Service which is an on-line fast-track system to reduce the time taken in getting an appeal decision.