1.1 This user’s guide is intended to help anyone who wishes to appeal against a planning authority’s decision (or failure to decide) on an application for a lawful development certificate (LDC).

1.2 If a properly made application is wholly or partly refused, or it is granted in a different form from the application, or is deemed to have been refused (because the authority has not determined the application within the time-limit of eight weeks of receiving the completed application), you can appeal. Appendix 5 gives the text of the statutory provisions for an appeal against a refusal, or deemed refusal, of a certificate application.

1.3 Under the Town and Country Planning Act 1990, almost all appeals are decided by Planning Inspectors. An appeal can be dismissed, or it can be allowed wholly or partly and granted a certificate.

How to appeal

1.4 Only the applicant may appeal. The best way to appeal is to complete the official lawful development certificate (LDC) appeal form. Forms are obtainable from our website: ( www.planning-inspectorate.gov.uk). Or you can obtain them from the following address. By properly completing an appeal form, you will help to ensure that your appeal is dealt with quickly.

The Planning Inspectorate
PO Box 326
BRISTOL
BS99 7XF
Helpline: 0117 372 8075
Fax: 0117 372 8782

1.5 You can complete an appeal over the internet by logging on to www.planningportal.gov.uk/pcs and submitting your completed appeal online. Or you can use an official form and send your appeal to us by post. Forms are available by phoning our helpline 0117 372 8075.

1.6 With your completed form you should also send supporting documents, including the application made to the local planning authority (LPA) and any plans and documents that formed part of the application. You should also send the LPA’s decision (if any), all relevant correspondence with the LPA and a plan showing the site marked in red with two named roads. If your lawful development certificate appeal relates to a planning condition please also send a copy of the relevant planning permission.

1.7 You must send a copy of your appeal and documents to the LPA.

Making your case

1.8 Your appeal form should contain a clear and concise statement of your full case and the reason(s) why you consider the subject of the application to be lawful.

1.9 You should note that there is no provision for the planning merits of what has been applied for to be considered. The Secretary of State has no power to grant planning permission and it therefore follows that the planning merits of the development are not relevant in deciding a LDC application or appeal; it rests entirely on the facts involved in each case. It is open to you to apply to the LPA for planning permission in the normal way, without prejudice to your application or appeal for a lawful development certificate.

Is your appeal valid?

We will make an early assessment of the validity of your appeal. If your appeal, or information received later from the LPA shows that the development or use had an effective enforcement notice in place at the time of your application, the development or use cannot be lawful and your appeal will be turned away.

The appeal process

1.11 When we have examined your appeal form and documents you will be told whether the appeal is valid and what procedure it will go by. You may request the written procedure, a hearing or an inquiry. We will consider whether a local inquiry is necessary. For example, in appeals under s191, where the development or use has already taken place, an inquiry will usually be necessary if evidence of the period over which the activity has taken place is needed, or where there is a dispute between you and the LPA on the facts of the case. An inquiry will also be necessary where either you or the LPA have requested one. Requests for a hearing will be considered wherever possible.

1.12 As part of the appeal process the LPA will send in a statement of their case which will be copied to you. Your statement will be copied to the LPA. You and the LPA will have the opportunity to comment on each other’s statement. The appeal process is described in more detail in sections 4 to 6.

Video and audio evidence

1.13 We cannot accept video or audio evidence for appeals dealt with by written exchanges. This is because we cannot be certain that everyone involved in the appeal will have suitable equipment to play the evidence, or that identical copies have been sent to everyone. You can send a written summary of the content of the video or audio evidence, including photographs, to us and the LPA with your appeal documents.

1.14 At a hearing or inquiry, the Inspector will decide whether to consider any video or audio evidence. They will let you know their decision when the hearing or inquiry opens. You must contact the LPA to find out whether they have suitable equipment to use at the hearing or inquiry, or if they will allow you to use your own.

Regulating recorded evidence

1.15 Recorded evidence (video, audio or other recorded evidence) is governed by legislation. Any recorded evidence sent to us must have been obtained legally.

Regulation of Investigatory Powers Act (‘RIPA’)

RIPA does not prohibit individuals from recording evidence as long as the recording is for their own use.

Recording evidence is prohibited if the evidence is made available to another person or organisation and, where necessary, if those involved did not give permission for its use or for the recording to take place. Those involved must also be given the opportunity to confirm the recording is accurate. If not, we will not accept it.

Suspending action on your appeal (abeyance)

1.16 We are committed to dealing with all appeals as speedily as possible.

We do not normally agree to hold up appeals but in exceptional circumstances we may agree to do so for a short period of time. For example to allow you and the LPA to come to an agreement that will lead to the appeal being withdrawn.

We will, however, only agree to this if we are satisfied that it is the most appropriate way forward, and have evidence that a quick conclusion is likely.

All requests for us to hold an appeal in abeyance should be made in writing to the case officer. We will ask the LPA for their comments. Even if they agree, we may not. It is for us to decide.

Deferrals and postponements of hearings, inquiries or site visits

1.17 We try our best to make the arrangements for a hearing, inquiry or site visit as early as possible. If you and the LPA agree to the first date we offer we can better manage our Inspector resources.

Each party is allowed only one refusal of a date offered for a hearing or an inquiry before we proceed to fix a date, time and place.

Once a date has been fixed it cannot easily be changed and we will only agree to do so in exceptional circumstances.

Withdrawing your appeal

1.18 You can withdraw your appeal at any time before we give our decision. You may want to do this if, for example, you and the LPA reach agreement and can sort out your differences. Or you may realise that a new application will resolve matters without an appeal.

If you decide you want to withdraw your appeal you should phone your case officer straight away and then write to confirm the withdrawal, giving the appeal reference number. You should also tell the LPA immediately. This is especially important if we have arranged for a site visit, hearing or inquiry to take place.

If you unreasonably withdraw your appeal at any stage, you may have to pay the costs of the other people involved. Section 7 has more information about costs.