The applicant has a right to appeal to the Planning Inspectorate if:
- No decision has been reached on the application within the statutory 8 week period
- The application is refused
- The applicant does not agree with one or more of the conditions on an approval.
Appeals are usually time consuming. Before you opt for this course of action, it is worth speaking to the Development Control Officer who dealt with your application to see if there is a scope to negotiate a compromise and submit an amended application.
The time period in which an appeal can be made is 6 months from the date of the refusal notice. In the case of advertisements, this is 8 weeks and in the case of a householder application, this is 12 weeks. The Government is currently reviewing the situation with regards to refusals to applications for Non-Material Amendments. It appears that the Government may decide that there will be no right of appeal for this type of application.
There are 3 ways in which an appeal can be dealt with
- Written Representations – this is the quickest method. The appellant and Council make statements for the Planning Inspectorate to consider. A Planning Inspector will visit the site prior to his/her decision.
- Informal Hearing – with the agreement of both parties and where the planning issues are straightforward an informal hearing may be called. This is a discussion of the issues from both parties which is led by the Planning Inspector.
- Public Inquiry – each side presents its case verbally before an Inspector and the applicant’s side can be cross-examined by the opposing parties. This is usually a more lengthy procedure as it normally involves professional representation and complex arguments.
The Inspector’s decision is final and you have no further right to appeal except to the High Court on a point of law. There is no third party right of appeal other than on a point of law, although third parties can be involved in the appeal process and are asked for comments on an appeal.
Appeal forms are available from the Planning Inspectorate and you will soon be able to submit an appeal online at the Planning Portal website.
If you have any further queries, our Appeals Officer can help. Please contact our Appeals Officer via the Contact Us page.