What if your application is refused or delayed?
We always give written reasons for refusing permission. If we refuse your application outright, or if you do not get a decision within 8 weeks you have the right to appeal.
If you appeal, the application will be out of our hands and it could take some time, so discuss the situation before doing so.
An independent Planning Inspector, appointed by the Planning Inspectorate considers appeals. Appeals can either be dealt with in writing or at an informal hearing before an Inspector or a few significant appeals need a public inquiry. The Planning Inspectorate will determine the best route of appeal for the case, however you can state a preference when submitted your appeal. Further details are contained with the booklet "Procedural Guidance Planning appeals and called-in planning applications" produced by the Inspectorate.
Appeals are dealt with purely on their merits and do not deal with the process or procedure of how your application has been determined.
Householder Appeals will be dealt with by a fast-track system known as the Householder Appeals Service (HAS). The Householder Appeals Service is intended to be operated by the Planning Inspectorate as an electronic service. It will use only the material which was before the local planning authority when it made its decision, and which is included in its questionnaire, and the full grounds of appeal set out by the appellant on the appeal form. There will be no further opportunity for anyone to submit representations unless further information is requested by the Inspector. All householder appeals must be submitted to the Planning Inspectorate within 12 weeks of the decision of the local planning authority or their failure to determine the application. There is no charge for making an appeal but you will inevitably incur some expenses depending on the procedure followed, the complexity of the case and any professional or legal advice you seek.
Other appeals must be submitted within 6 months (8 weeks for advertisements) of the decision of the local planning authority or their failure to determine the application. This will give you time to sort out whether you can overcome our objections by negotiation or by amending your proposal. That is up to you. There is no charge for making an appeal but you will inevitably incur some expenses depending on the procedure followed, the complexity of the case and any professional or legal advice you seek.
Submitting an Appeal
Forms are available from the Planning Inspectorate. You can also submit appeals and comments on appeals online and search specific appeal cases at the Planning Casework Service of the Planning Portal.
Further information is given in the booklets "How to Complete your Planning Appeal Form" and "Procedural Guidance Planning appeals and called-in planning applications" published by the Planning Inspectorate.
People can apply for costs if the other parties have been "unreasonable" and it can be shown that the costs incurred were unnecessary. Costs are not awarded on the basis of who "wins" the appeal. Under the 2009 changes a claim for costs can be submitted on all modes of appeal. Cost awards are explained in Planning Circular 03/09 (335K)