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 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 There is, however, a risk to the applicant because it is possible for the whole permission to be withdrawn if the appeal is dismissed.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
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 conditions 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
Making Further Comments on Applications which have gone to Appeal
If a case goes to appeal, any comments already submitted to the Local Authority will be sent to the appellant and the Planning Inspectorate. The Inspectorate may publish details of these comments, on the internet (on the Appeals area of the Planning Portal). As comments may include your name, address, e-mail address or phone number, please ensure that you only provide information, including personal information belonging to you that you are happy will be made available to others in this way. If you supply information belonging to a third party please ensure you have their permission to do so. In the event of an appeal on a householder application that proceeds by way of the expedited procedure, there will be no opportunity to make further representations.
For more information on how to comment on an appeal, please contact the Planning Inspectorate on 0117 372 6372 or visit their website at www.planning-inspectorate.gov.uk/pins/index.htm.
Guidance for Appeals
For Planning Appeals:-
Guide to taking part in planning appeals proceeding by written representations – England
Guide to taking part in planning appeals proceeding by a hearing – England
Guide to taking part in planning appeals proceeding by an inquiry– England
For Enforcement Appeals:-
Guide to taking part in enforcement appeals proceeding by written representations – England
Guide to taking part in enforcement appeals proceeding by a hearing– England
Guide to taking part in enforcement appeals proceeding by an inquiry– England