To appeal planning permission is to ask the Planning Inspectorate, on behalf of the Secretary of State in England or the Welsh Ministers in Wales, to decide the application afresh after the authority has refused it, granted it with conditions the applicant will not accept, or failed to decide it within the period. Appealing planning permission is the applicant's right and nobody else's: a neighbour who objected has no appeal against a grant, which is the question most often asked of the guide. A planning permission appeal is run by one of three procedures, written representations, a hearing or an inquiry, on a timetable the Inspectorate sets. This page sets out who may appeal and against what, the time limits, the procedures, and what the file keeps.
Who may appeal, against what, and within what time
Only the applicant may appeal, and only against a refusal, a grant subject to conditions, or the authority's failure to decide within the statutory period or the agreed extension. The time limit for lodging the appeal runs from the decision notice or from the end of the period, is shorter for householder and minor commercial appeals than for others, and is stated in the guidance cited below; an appeal lodged late is not accepted. The timeline sheet on this site shows the week from which non-determination can be appealed, and the record keeps the decision date the limit runs from.
The three procedures, and how one is chosen
Written representations, where both sides put their case in writing and an inspector visits the site, is the commonest and the quickest; a hearing is a round-table discussion led by the inspector for cases that need it; an inquiry is a formal examination with evidence and cross-examination for the largest or most contested. The appellant asks for a procedure and the Inspectorate decides it. Costs are not normally awarded, and either side may apply for them against the other for unreasonable behaviour, which is the one financial risk in an appeal beyond the professional fees.
What the file keeps, and the alternative to appealing
The decision notice and its reasons, the officer's report, the conditions objected to, the appeal statement, the procedure, the Inspectorate's reference and dates, the decision and any costs award. Consentvia Pro keeps the appeal against the application it arises from, so the reasons for refusal are read beside the scheme they refused. The alternative to an appeal is a fresh application that answers the reasons, which is often quicker and cheaper; the cost sheet on this site costs it and the sunk share of the first application is the figure the decision is made on.
Questions people ask about appeal planning permission
Can neighbours appeal a planning decision?
No. Only the applicant may appeal to the Inspectorate. A third party's route is to ask the authority to reconsider, or, on a point of law, a judicial review, which is a legal matter outside this site.
How much does a planning appeal cost?
The Inspectorate charges no fee for a planning appeal; the cost is the professional work of the statement and any hearing or inquiry, and the risk of a costs award for unreasonable behaviour. The cost sheet on this site costs the professional lines.
Should I appeal or reapply?
If the reasons for refusal can be answered by changing the scheme, a fresh application is usually quicker; if the disagreement is about the principle, the appeal is the route. The guidance cited below sets out the appeal; the decision is the applicant's own.
Sources
- GOV.UK planning practice guidance, Appeals: how a refusal or non-determination is appealed and the Planning Inspectorate's procedures
- GOV.UK planning practice guidance, Determining a planning application: statutory periods, extensions of time, non-determination
- GOV.UK planning practice guidance, Flexible options for planning permission: section 73 variations, outline and reserved matters, non-material amendments