Planning Appeals

The Right of Appeal

Planning Applications

You can appeal in the following circumstances:

1    If you have applied to the Council for Planning Permission, and they:

a)    refused permission;

b)    gave permission but with conditions you think are inappropriate;

c)     have not approved the details of a scheme which the Local Planning Authority, or the Secretary
        of State have already given outline planning permission for;

d)     refuse to approve any matter required by a condition on a previous planning permission, or;

e)      failed to give notice of their decision within the appropriate time period on an application (major 
        applications 13 weeks, minors, or others 8 weeks).

Who can Appeal?

Only the person who made the Planning Application has the right to appeal.

Time Limits

All appeal papers must be received by the Planning Inspectorate within six months of the Council’s decision notice or within six months of the end of the decision period if the Council haven’t made a decision.

If you are appealing against the refusal of a householder planning application, all papers must be sent to the Planning Inspectorate within 12 weeks of the date of decision.

If papers are not received within the time limit, and there are no exceptional reasons for this delay, the appeal will not be accepted.


Enforcement

If an Enforcement notice has been served on you, you can appeal against this notice. Any appeal must be received, or posted in time to be received, by the Secretary of State before the date specified in paragraph 6 of the notice (Enforcement Notice effective date).

Under section 174 of the Town and Country Planning Act 1990 (as amended) you may appeal on one or more of the following grounds:

(a)    that planning permission should be granted for what is alleged in the notice;

(b)    that the breach of control alleged in the enforcement notice has not occurred as a matter of fact;

(c)    that there has not been a breach of planning control;

(d)    that at the time the enforcement notice was issued, it was too late to take enforcement action 
        against the matters stated in the notice;

(e)    the notice was not properly served on everyone with an interest in the land;

(f)    that the steps required to comply with the notice are excessive, and lesser steps would 
       overcome the objections;

(g)    and that the time given to comply with the notice is too short.

Please Note: Not all of these grounds may be relevant to you.

If you decide to appeal, when you submit it, you should state in writing the ground(s) on which you are appealing against the enforcement notice and you should state briefly the facts on which you intend to rely in support of each of those grounds. If you do not do this when you make your appeal the Secretary of State will send you a notice requiring you to do so within 14 days.


Lawful Development Certificate

There is no time limit to submit an appeal against the refusal of Lawful Development Certificate application.