Guide to taking part in planning appeals - If you want to comment on someone else's appeal
The Appeals Process
Planning applications are made to the local planning authority (LPA).
The LPA is usually the district or borough council. Planning
applications can be controversial and the LPA’s decision can sometimes
lead to an appeal. Appeals may be made for a number of reasons, but
most are made because the LPA have refused planning permission.
In England, appeals are made to The Planning Inspectorate which is an executive agency in the Department for Communities and Local Government (DCLG).
If you had an interest in an application, whether you were for or
against it, you almost certainly will be interested in the outcome of the
appeal. For example, you may live close to the area, or you may be a
member of a residents’ association or a group with a special interest.
This guide explains how you can make your views known. There is a
more detailed guide for the person making the appeal (the appellant)
called ‘Making your planning appeal’. There are seperate guides for
appeals against enforcement notices. You can see all our guides on our
website (www.planning-inspectorate.gov.uk) or you can write to us at
the address on page 17.
Who can appeal
Only the person who made the planning application has the right to
appeal. We must receive all their appeal papers within six months
of the LPA’s decision notice, or within six months of the end of
the decision period if the LPA haven’t made a decision.
If we don’t receive the appeal papers within the time limit, and there
are no exceptional reasons for this delay, we won’t accept the appeal.
Who decides it
Appeals are decided by Inspectors, who are completely unbiased and
usually professionally qualified in planning or a similar area, such as
law or architecture.
Inspectors will decide most appeals. But there are some appeals that the Secretary of State will decide (for example, proposals that will
affect more than just the local area). In those cases, the Inspector will
consider all the evidence and send a report with their recommendation
to the Secretary of State. The Secretary of State then considers
whether to accept the Inspector’s recommendation, and issues a
decision letter through Communities and local Government.
How it is decided
Both the appellant (person making the appeal) and the LPA can have
their case heard by an Inspector at a hearing or public inquiry. Most
appeals (about 75%) are decided through the written procedure.
What is considered
The Inspector can only consider things which are relevant to planning,
for example, the fact that a proposed new building may overlook
someone’s garden or may need a new access that could have a harmful
effect on road safety. Planning issues can be wide–ranging, but the
LPA’s reasons for refusing a planning application will usually set out
the issues that will apply.
You can take part in the appeal process, but you can only raise
planning issues about the application.
