Our booklet ‘Making your planning appeal’ explains the procedures involved in making an appeal under section 78 of the Town and Country Planning Act 1990. Please read it and these notes carefully before completing your appeal form.

You must complete a separate appeal form for each appeal you make. Only the original applicant may make an appeal. Occasionally the applicant may give written permission to someone else to appeal, but we will record the appeal in the name of the original applicant.

We must receive your appeal and all the supporting documents within 6 months of the date of the notice of the Local Planning Authority’s (LPA) decision or within 6 months of the date by which they should have decided the application.

Ownership Certificates

The appellant must serve notice on all the owners of the land. You must also provide us with a certificate to show that you have done this. A copy of certificates A & B are on the appeal form. Others are attached
to these notes.

Choosing the correct certificate

You must complete only one of certificates A, B, C or D. Certificates A & B are on the appeal form.

Certificate A - Complete this if you are the sole owner of all the land involved in the appeal; if you are not the sole owner of all the land involved in the appeal one of the following will apply:-

Certificate B - Complete this if you know the names and addresses of all the owners of the land involved in the appeal. You must also complete the notice on page 4 of these notes and serve it on all the owners.

Certificate C - Complete this if you know the names of some, but not all of the owners of the land involved in the appeal. You must also complete the notice on page 4 of these notes and serve it on those owners you do know the names and addresses of, and you must also publish it in a local newspaper. You must send a copy of the published notice to
us with your appeal form.

Certificate D - Complete this if you do not know the names and addresses of the owners of the land involved in the appeal. You must also ensure that the notice on page 4 of these notes is completed and published in a local newspaper. You must send a copy of the published notice to us with your appeal form.

Agricultural holdings certificate

You must complete an agricultural holdings certificate for each appeal. The certificate at section I of the appeal form have 2 options. You must complete one of them. If none of the land involved in the appeal is an agricultural holding – tick box (a) and delete (b). It is not an agricultural holding if the appellant, or anyone else, owns all the land and occupies it for agricultural purposes because no tenancy is involved.
If all, or any, of the land involved in the appeal is an agricultural holding – tick box (b) and delete box (a).
You must also serve a copy of the notice attached to these notes on anyone who, on the day 21 days before the appeal was a tenant of the holding.

Service of notice

Where you have to serve a notice on an owner, and you know their name and address, you may hand it personally to them, or send it by registered post or recorded delivery. If you have to serve a notice on an organisation, you must address it to the secretary or clerk of the organisation at their registered or principal office. You may serve it in any of the above ways. If you don’t know the name and address of an agricultural tenant, section 329(2) of the Town and Country Planning Act 1990 gives advice.

False certificates

Anyone who knowingly or recklessly issues a certificate which contains any statement which is false or misleading, is liable to a fine if convicted.

Development involving underground mining operations

If the appeal relates to the winning and working of minerals by underground mining operations, the certificates may not be suitable. Article 6 of the Town and Country Planning (General Development Procedure) order 1995 gives alternative procedures and the wording of the alternative notice and certificate are set out in Schedule 2 of the Order.

NOTES FOR THE COMPLETION OF CERTIFICATES

(i) ‘Owner’ means a person having a freehold interest or a leasehold interest the unexpired term of which is not less than 7 years, or, in the case of development consisting of the winning and working of minerals, a person entitled to an interest in a mineral in the land (other than oil, gas, coal, gold or silver).

CERTIFICATES C AND D ONLY

(ii) Description of steps taken.

(iii) Name of local newspaper circulating in the area where the land is situated.

(iv) Date of publication – which must be not earlier than the day 21 days before the date of the appeal.

Download the Notices and site ownership certificates (Planning Appeal) in PDF Format 180kb

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