Planning appeal

A planning appeal is the process in the United Kingdom whereby a planning applicant can challenge an adverse decision. Including:-

• A refusal of planning permission
• Non-determination: failure of the planning authority to issue a decision within the required time limit
• Against conditions attached to a permission
• Against the issue of an Enforcement Notice
• Against refusals of listed building and conservation area consent

If a planning application is refused, then under UK law the Applicant has the right to appeal against the decision via the Planning Inspectorate. Usually planning appeals needs to be submitted within 6 months of the refusal, or within 12 weeks in the case of a householder appeal. The Planning Inspectorate website makes clear that around one third of requests to recover planning appeal costs are successful.

At an appeal the applicant is known as the Appellant.

In England and Wales, appeals are processed by the Planning Inspectorate. Typically there are three ways to carry out planning appeals:

1. By Written Representations where the appeal is conducted entirely in writing - this process is usually used for smaller appeals where perhaps only a few issues are in dispute.
2. By Hearing where an oral hearing with a planning Inspector is held, generally without legal representation.
3. By Public Inquiry. This is the most serious of ways to appeal

A proportion of refused applications are appealed to the Planning Inspectorate. Of these, around 35% of cases are allowed,^[1][2] with the remainder being upheld or resulting in a split decision.

References