If your planning application is undetermined, is refused, or where conditions are set that you disagree with, you have the right to appeal the decision of the local council to the Planning Inspectorate.
Who can appeal
Only the applicant can make an appeal against refused planning permission or imposed conditions. Neighbours and other third parties have no right of appeal. However, if a third party considers that the planning permission was granted unlawfully, and due procedure was not followed they can challenge the decision through a judicial review in court. The judicial review process can only consider the lawfulness of the procedure that the council took in coming to the decision to grant planning permission, it is not to consider the planning merits of the case.
A judicial review must be logged within 6 weeks of a date where a challengeable ground arises; this is generally the decision notice date for a planning decision but is not always the case. Anyone considering a judicial review would be advised to seek independent legal advice.
Time scales for planning appeal submission
Need to be submitted within 12 weeks of the date of the decision notice.
Need to be submitted within 6 months of the date of the decision notice.
In all cases the local planning authority will respond to the arguments contained in your appeal statement. The Inspector will issue the final decision based on the planning merits of the case.
How to make an appeal
Neither the Planning Inspectorate nor the local planning authority will charge you to lodge an appeal.
When made the decision will be published online at Planning Inspectorate website, and will be made available on our website Planning application search and comment where the appeal decision will form part of the application decision.