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Planning Appeals
Planning applicants can appeal to the Department of Communities and Local Government, against any refusal of planning permission or against the imposition of any conditions attached to an approval. There is no right of appeal for a third party under any circumstances.
An appeal is intended to be a last resort where submitting a fresh application is unlikely to be a satisfactory solution. Normally, a revised application made within 1 year of the decision does not attract a further fee.
Appeals, which are handled by The Planning Inspectorate, may be dealt with by:-
an exchange of written representations
at a local hearing (in which case no advocates are allowed)
at a fully Local Inquiry (a quasi-legal situation)
An appeal can be made against any of the conditions attached to an approval. There is, however, a risk to the applicant because it is possible for the whole permission to be withdrawn if the appeal is dismissed.
If an appeal is to be determined at a Local Inquiry or a local hearing there is a risk of costs being awarded to either party, but costs can only be awarded where there has been unreasonable behaviour. Unreasonable behaviour can occur at the decision making stage if, for example, an application has been refused for reasons which cannot be substantiated in planning terms or if the Authority fails to provide reasonable evidence to substantiate the harm cited in the reasons for approval (this particularly applies to subjective opinions given as part of a refusal).
Full details of how to appeal are provided with the Council's decision notice. Further information can be obtained by following the links below.
It is now possible to lodge your appeal online via the Planning Portal. To use this facility please visit the Planning Portal website using the link below:
Lodge an appeal online via the Planning Portal (opens in a new window)
To search for Appeals which are currently in progress or those which have received a decision please use our Planning Online system. This can be accessed by clicking on the Terms and Conditions link below and selecting Planning Appeals from the left hand menu once you have accepted the terms and conditons of the website.
It is also possible to use the Planning Portals Appeal case search facility to search for Appeals across the whole of England. This can be accessed by using the following link:
Planning Portals Appeal Case Seach Facility (opens in a new window)