Making your planning appeal

1 Whether to appeal

1.1 If the local planning authority (LPA) turn down your planning application, you should look carefully at the reasons why they turned it down before you send your appeal to us. You should speak to the LPA to see if you can sort out the problem – perhaps by changing your proposal. Often, if you change your proposal and apply again within one year of the refusal you won’t have to pay another fee. An appeal should only ever be a last resort.

The right of appeal

1.2 You can appeal in the following circumstances.

(i) If you applied to the LPA for planning permission, and they:

refused permission;

gave permission but with conditions you think are inappropriate;

haven’t approved the details of a scheme which they or the Secretary of State have already given outline planning permission for; or

have approved the details of a scheme but with conditions you think are inappropriate or unreasonable.

(ii) If the LPA rejected a proposal arising from a condition or limitation on a planning permission.

(iii) If the LPA don’t decide your application within the time allowed. Normally the time allowed is eight weeks from when they accept your application.

(iv) If the LPA told you that they needed more information before they could decide your outline planning application, but you do not want to supply this.

Who decides your appeal

1.3 Almost all appeals can be decided by Planning Inspectors (appointed by the Secretary of State). The Secretary of State can decide any planning appeal, but does so in less than 2% of cases, usually if they are large or controversial developments. He or she won’t decide your appeal just because you have asked for this. But if he or she does, we will tell you why.

Time limits for sending your appeal

1.4 If you are going to appeal, we must receive all your appeal documents within six months from the date of the notice of the LPA's decision.

1.5 If you are appealing under 1.2 (iv), the six-month period starts from the date the LPA should have given their decision. If you are appealing under 1.2 (iv), the six-month period starts from the date the LPA told you that they needed more information.

1.6 We must receive all the documents supporting your appeal within the time limit, otherwise we will not take any action on your appeal. We only accept a late appeal in exceptional circumstances.

Your chances of success

1.7 Inspectors allow about one third of appeals.

The chances of an appeal being successful depend on the merits of the proposals and how they fit in with local and national planning policies. You can get more information on appeal decisions in our yearly statistical report. You can get a copy of this by writing to the address on page 8, or from our website at www.planning-inspectorate.gov.uk

1.8 One important thing to consider is how the proposal fits in with the development plan for the area. The development plan is made up of the approved structure plan, the adopted local plan (if there is one) and the old-style development plan (if it is still in force). Council officials will explain all these terms to you. The LPA’s decision notice will tell you which policies in the development plan influenced their decision. When we consider your appeal, we will take into account:

the development plan;

any plan which is still being prepared;

any other planning advice published by your LPA;

all other relevant facts; and

national advice and guidance on planning policy.

1.9 Some planning restrictions apply nationally. These include development on green-belt land, access to main roads and the development of good-quality agricultural land. You can find out about the Government’s current planning policies in a number DCLG Circulars, and in a series of Planning Policy Guidance Notes. You can see these in council offices or local libraries, on the DCLG website (www.communities.gov.uk/corporate/).

Or buy them from The Stationery Office Ltd or other bookshops. There is a list of useful publications in appendix 1 of this booklet.

1.10 If you know we have considered an appeal similar to yours, and you know the reference number, you can get copies of our decision for that case. You will have to pay for this service. The address to write to is on page 8. But please remember that each appeal is considered on its own merits.

1.11 The Inspector will judge your appeal on its planning merits. It is unlikely that your personal circumstances will outweigh any substantial planning considerations.

The time and money involved

1.12 You don’t have to pay for making the appeal, but you will inevitably have some expenses. The time and money it takes to make an appeal depends on how complicated the appeal is.
You can get more information on how long appeals take from our website (www.planning-inspectorate.gov.uk) at the section marked ‘Performance Information’. See also ‘The decision’ section of this booklet.

1.13 We decide around 73% of appeals after written exchanges of information. This is the quickest method. We decide the remaining 27% of appeals after a hearing or an inquiry. We tell you more about the different methods later in this booklet. You and the LPA have the right to be heard by an Inspector. This will be in the form of a hearing or inquiry. We can also decide if there should be an inquiry, for example if there is likely to be a lot of local interest or if the issues are likely to be complicated.

1.14 The overall cost of your appeal will depend on whether you employ professional advisers or representatives. Sometimes, when there is a hearing or an inquiry, one side have to pay the other Side’s costs, as well as their own. Paragraphs 8.1 to 8.4 have more information about this.