Planning Appeals And Appeal Decisions

If you think that the Council's planning decision is unreasonable, you can appeal to the Secretary of State for the Environment, Transport and the Regions who will appoint an independent planning inspector to determine the case. You can also appeal if the Council fails to determine your application within the statutory time period of 8 weeks.

Appeals must be made within 6 months of the date of the Council's decision notice or, if one has not been given, 6 months plus 8 weeks (or any longer period you have agreed) from the date of your application. This gives you time to sort out whether you can overcome the Council's objections in other ways, either by negotiation or by amending your proposal.

Further information is provided by the Planning Inspectorate in two booklets "Guide to taking part in planning appeals" and "Making your planning appeal", which are available free of charge from the following address:

Planning Inspectorate
Customer Support Unit
Room3/15 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN

Telephone: 0117 372 6372

You can also visit their website at http://www.planning-inspectorate.gov.uk/pins/appeals/index.htm

The Planning Portal also has guidance on the appeals process.

In practice, the appeal process is likely to take much longer than a decision on the application. Before considering such an appeal, please contact the case officer who will try to give you an indication of when the decision will be made.

Most appeals are handled in writing and take about 18 weeks to determine. Some are determined by an informal hearing before an inspector which usually takes up to 24 weeks. A minority of appeals are determined after a public inquiry, which usually takes around 40 weeks.

There is no charge for making an appeal but you are likely to incur some expenses in presenting your case. The cost involved will depend on the procedure to be followed and on the complexity of the case.

In an inquiry or hearing the Council, or other people involved in the appeal, may apply for costs against one of the other parties for "unreasonable" behaviour, for example, failure to submit documents or attend a meeting. It would have to be shown that unnecessary costs had been incurred as a result of this behaviour. An award of appeal costs is not made on the basis of who "wins" the appeal. The arrangements for awarding costs are explained in detail in the DCLG Circular 03/09 'Costs Awards In Appeals And Other Planning Proceedings'.