Appeal against a decision
If an application for planning permission is refused, or if it is granted with conditions, an appeal can be made to the Secretary of State against the decision, or the conditions, under section 78 of the Town and Country Planning Act 1990.
Before making any appeal the applicant should first consider re-engaging with the local planning authority to discuss whether any changes to the proposal would make it more acceptable and likely to gain planning permission. A revised planning application could then be submitted, a fee will not be charged providing it is the first attempt following a refusal and within 12 months of the date of refusal. The amended application must be the same character or description of development on the same site with the same red edged area as on the plans previously submitted or part of that site. Additional land can be included only in connection with revised access arrangements.
Applicants should give consideration to the merits of the case, and whether there are strong grounds to contest the conditions or reasons for refusal of planning permission before submitting an appeal. Parties who pursue an appeal unreasonably without sound grounds for appeal may have an award of costs made against them.
Most planning appeals must be received within 6 months of the date on the decision notice, however there are exceptions please see the list below:
- Advertisement consent appeals must be submitted within 8 weeks
- Appeals relating to a householder application must be submitted within 12 weeks
- Appeals related to shop fronts must be submitted within 12 weeks
- Appeals related to minor commercial development must be submitted within 12 weeks
- An appeal against a Listed Building Lawful Development Certificate must be submitted within 6 months of the date of the decision notice or the date by which the local planning authority should have decided the application
- There is currently no time limit for submitting an appeal related to a Lawful Development Certificate, however we would expect that normally an appeal would be submitted within 6 months
- If an appeal on an application for planning permission is linked to enforcement action, there are only 28 days to make the appeal
All appeals must be accompanied by the relevant application documents, including the full statement of case. Further information and forms can be obtained from the Planning Portal and the Planning Inspectorate website, as well as appeals information for the general public and for planning professionals. Search facilities for existing appeals are also available.