Appealing against the Council's Decision

Top

Last revised: 29 February 2008

If you consider that the Council's decision to refuse your application was wrong, or if you disagree with one or more of the conditions attached to your planning permission, you have the right of appeal.

Before deciding whether to appeal, you may wish to study the reasons given for refusing the application to assess whether they can be overcome by a revised application. If, after reading the reasons, you consider that this may be the case, you may wish to contact the case officer who dealt with the planning application to discuss whether this is a possibility. The name of the case officer can be found on the Council’s Planning Explorer web site containing details of the application. Similarly, you may wish to take your own professional advice on the likely prospects for a successful outcome. Nationally, around 70% of appeals are dismissed.

There is no right of appeal for those who objected to an application that has been approved. This matter has been considered several times by the Government but it currently has no plans to introduce any such rights.

How do I make an appeal?

Details of who to write to are set out on the reverse side of the decision notice sent to you (or your agent if you employed one) by the Council.

Who will deal with my appeal?

Independent inspectors employed by the Planning Inspectorate and appointed by the Secretary of State deal with all planning appeals. They will have had no previous involvement with the planning application.

How will it be dealt with?

There are three ways in which the Planning Inspectorate deals with appeals. These are:

  • Written Representations.
    This is by far the most common way of dealing with planning appeals and 80% of planning appeals are dealt with by this method. Both sides (the Council and the appellant) put their cases in writing. The Inspector studies both cases, all the correspondence received on the application and any letters sent to him concerning the appeal and visits the site. He/she then makes the decision, sent in the form of a decision letter to both parties. He/she can either dismiss the appeal or allow it, granting planning permission subject to any conditions considered necessary

  • Hearing.
    In a hearing, both sides put their cases in writing beforehand to the Inspector. On an agreed date, he/she will then conduct a hearing into the appeal. This will consist of a round table discussion led by the Inspector around an agenda formed by him/her that deals with the central points of the case and any other matters. Both the Council and the appellant are normally present, although as it is an informal roundtable discussion, legal representation is not required. Members of the public may also attend and join in the discussion. The Inspector will visit the site accompanied by both parties. He/she will leave and issue a decision letter at a later date either dismissing the appeal or allowing it, subject to any conditions considered necessary.

  • Public Inquiry.
    This is the most formal and least used method and is normally only used for appeals concerning significant and larger scale proposals. Both parties are legally represented and witnesses are called to give evidence that is then cross-examined. The Inspector will visit the site accompanied by both parties. He/she will leave and issue a decision letter at a later date either dismissing the appeal or allowing it, subject to any conditions considered necessary.

Indicative criteria for informing a decision on which method to use are given by the Planning Inspectorate on their web site at www.planning-inspectorate.gov.uk (External link)

What costs are involved?

The Planning Inspectorate does not currently charge for the submission of planning appeals. In hearings and public inquiries, it is normally expected that both parties will pay their own costs. However, you need to consider that on appeals dealt with by hearings or public inquiries (and written representations on enforcement appeals), it is open to the Inspector to award costs against the appellant (or for that matter the Council) if the Inspector considers that there has been unreasonable behaviour by either party and an application for the award of costs is made to him. The Planning Inspectorate publish a helpful document 'Costs awards in planning appeals - a guide for appellants' at:http://www.planning-inspectorate.gov.uk/pins/appeals/costs/making_costs.htm (External link)

Further general guidance on appeals can be found on the Planning Inspectorate web site at:

www.planning-inspectorate.gov.uk. (External link)