Where an applicant is unhappy with the council's decision to either refuse planning permission or grant planning permission subject to conditions, they have the right to appeal to the Secretary of State. This also applies where the council has served an enforcement notice against an alleged breach of planning control.
In the vast majority of cases the decision on the appeal is delegated to a planning inspector from the Planning Inspectorate, an executive agency of the Department of Communities and Local Government.
We prefer to send and receive drawings, appendices, statements and appeal forms online. These can be emailed to email@example.com. Please avoid sending large bound folders through the post as the documents are extracted and the folders destroyed.
Paper forms can be obtained from the Planning Inspectorate's Customer Services Team by phoning 0303 4445000.
When an appeal is lodged, we will notify those originally advised of the planning application and those who made representations. With the exception of any householder appeals, there will be an opportunity to make further representations on the proposal. These should be sent to the Planning Inspectorate who will copy them to both the appellant and the council. The Planning Inspectorate sets out a strict timetable for this and if letters are late they may not be taken into account.
For householder appeals, the planning file containing all plans and comments will be sent to the Planning Inspectorate. For all other appeals, we will write a statement in support of the case and this will be available for public inspection. If you wish to make comments, you should not wait for this before submitting their representations.
The decision on the appeal is final, subject only to challenge in the High Court on a point of law.
When the council grants planning permission there are no rights of appeal against this decision.
Householder appeal service
The Planning Inspectorate manages appeals related to householder planning applications, including refusals against conditions through their Householder Appeal Service.
A householder planning application relates to extensions to houses, the erection of outbuildings, such as sheds, garages and other domestic buildings as well as fences, walls and other alterations to the external appearance of a house. In addition, the appeal against a planning condition imposed on an approved householder planning permission can be considered.
A householder planning is not one that seeks a change of use of the property or land or involves a change to the number of dwellings in a building, such as where a house is converted into two or more flats.
The time limit for making a householder appeal is 12 weeks from the date of the planning decision notice.
Third parties are not given another opportunity to comment although they will be notified of the appeal.
The council's report (delegated or committee) and decision notice will form the basis of the council's appeal case. No further written statements will be able to be submitted.
The council will provide the Planning Inspectorate with an electronic planning case file. This will include all case file documents, such as forms and plans, responses from neighbours and other interested parties as well as any responses from formal consultees.