Planning applicants can appeal to the Department for 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 There is, however, a risk to the applicant because it is possible for the whole permission to be withdrawn if the appeal is dismissed.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 at the foot of this page.
It is now possible to Lodge an appeal online via the Planning Inspectorate
To search for Appeals which are currently in progress or those which have received a decision please go to the Planning Inspectorate our Planning Online System.
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 0303 444 5000.
Guidance for Appeals
For Planning Appeals:
- Guide to your Rights of Appeal [PDF 318KB]
- Guide to taking part in planning appeals proceeding by written representations – England [PDF 139KB]
- Guide to taking part in planning appeals proceeding by a hearing – England [PDF 132KB]
- Guide to taking part in planning appeals proceeding by an inquiry– England [PDF 97KB]
For Enforcement Appeals:
- Guide to taking part in enforcement appeals proceeding by written representations – England [PDF 129KB]
- Guide to taking part in enforcement appeals proceeding by a hearing– England [PDF 134KB]
- Guide to taking part in enforcement appeals proceeding by an inquiry– England [PDF 140KB]
Derbyshire Dales District Council
Tel: 01629 761 336