There are certain circumstances when the applicant has the right to make an appeal to the Secretary of State. In summary, these are:
- where planning permission has been refused;
- where planning permission has been granted subject to conditions and the applicant wishes to contest those conditions;
- where the Council has not issued any decision within the statutory period (which is eight weeks from date of submission in most circumstances).
Such appeals must be submitted within six months of the Council's decision or the expiry of the relevant statutory period, as appropriate.
Before you decide to submit an appeal, you may find it helpful, in the first instance, to talk to a planning officer to see if there is scope to amend your proposal in a way that will overcome the Council's objections. The name and contact details of the planning officer who dealt with your application can be found on your decision notice.
Where development has taken place without the necessary permission, the Council may choose to serve an Enforcement Notice. This is a formal Notice, requiring the land owner and any other responsible person to take certain specified actions. Anyone who has been served with an Enforcement Notice may submit an appeal to the Secretary of State provided that this is done before the Notice takes effect.
The appeal process
Planning appeals are handled on behalf of the Secretary of State by the Planning Inspectorate, an independent Government agency, based in Bristol. To submit an appeal you will need the appropriate form which is available from the Planning Portal. There are different forms for different types of appeal.
Planning appeals may be dealt with in one of four ways:
- by householder appeal - no further evidence will be submitted as the Inspector will use existing documents
- by written representations - the applicant and the council each submit a written statement setting out their case;
- by Informal Hearing - the applicant and the council each submit a written statement of their case and then meet an Inspector to discuss the issues informally;
- by Public Inquiry - a more formal process where the applicant and a representative from the council each present evidence, other witnesses can be called and cross-examination may take place.
You can track on-going appeals online.