Appeals process
Planning appeals may be dealt with in one of four ways:
- householder appeals - a fast track service for householder applications handled by way of written representations. Third parties will not have the opportunity to make further representations to the Planning Inspectorate.
- written representations - the most common method where the applicant and the council each submit a written statement setting out their case. Third parties can also make representations to the Planning Inspectorate.
- informal hearing - the applicant and the council each submit a written statement of their case and then meet a planning inspector to discuss the issues informally. Third parties can also make representations to the Planning Inspectorate.
- public inquiry - a more formal process usually reserved for cases that are complex or controversial. The applicant and a representative from the council each present evidence. Other witnesses can be called and cross-examination may take place. Third parties can also make representations to the Planning Inspectorate.
All appeals must be submitted within a strict time limit from the date the decision is issued, as follows:
- refusals of householder applications: 12 weeks from the date of the decision notice.
- refusal of advert consent: 8 weeks from the date of the decision notice.
- appeals where the land relates to the same land and development as an enforcement notice: 28 days from the date of the decision, or the expiry of the period giving rise to the appeal, or 28 days from the service of the enforcement notice, but no longer than the standard time limit.
- all other application types: 6 months from the date of the decision notice.
Appeal forms are available from the Planning Inspectorate and there are different forms for different types of appeals.
For general information on making an appeal, to follow the progress of an appeal and to submit an appeal online, please visit the Planning Portal.
Changes to the planning appeals procedures
As a result of a technical review of the planning appeals process new measures have been introduced on the 1 October 2013 to reduce the time taken to determine an appeal. A summary of these changes is set out in Annex A.
Links to the Written Ministerial Statement, the statutory instruments and the summary of responses to the consultation are set out in Annex B.
Annex C relates to the control of advertisements and sets out that once the new direction is in force, these appeals will follow the same procedure as planning appeals.