What does it cost?

Every enforcement appeal includes an application for planning permission. The Planning Inspectorate call this the 'deemed planning application'. A fee is normally payable for consideration of this, which is double the amount paid for a normal planning application. Half the fee is payable to the LPA and half to the Office of the Deputy Prime Minister (ODPM). There is no fee for the appeal itself.

There is, however, a link between the deemed planning application and an appeal on ground (a). Unless the fee is received by both the LPA and the ODPM by the date The Planning Inspectorate ask for it, the deemed planning application and any appeal on ground (a) cannot be considered. Your appeal would then proceed on any other ground(s) made. If, however, ground (a) is the only ground you have put forward, your appeal will lapse. This means that it will come to an end and the enforcement notice will come into effect.

If you do not appeal on ground (a) and you don't want the planning merits of the deemed planning application considered; for example, because you know you would not succeed in getting planning permission for what you have done or you only want to appeal on other grounds; there is no point in paying the fee.

Where more than one person has appealed against the same enforcement notice, only one need pay the fee for the deemed planning application and any appeal on ground (a) to be considered. If this is the case The Planning Inspectorate will let you know. The fee cannot, however, be transferred to another person if the person paying the fee, or who doesn't have to pay, later withdraws his or her appeal. It is up to you to decide whether or not to pay the fee in case this happens.

If you cannot pay the fee by the date given, The Planning Inspectorate can extend the payment period in exceptional circumstances, but this can only be done before the payment period expires. If you feel that there are exceptional circumstances that prevent you from paying the fee by the date given, let them know straight away. It is too late to do anything if the payment period has passed. The deemed planning application and your appeal on ground (a) will lapse and cannot be reinstated.

No fee is payable when:

• Development is carried out at the home of a disabled person to provide access or special facilities needed because s/he is disabled.
  
• If 'permitted development' rights have been withdrawn.
  
• A condition on an earlier permission removes rights under the Use Classes Order.
  
• Before the notice was issued you applied for planning permission for the same development shown in the notice, you paid the fee to the LPA and you had not received the LPA's decision on your application.
  
• Before the effective date of the enforcement notice you made an appeal to the Secretary of State against the refusal of the LPA to grant planning permission for the same development.
  

Part of the normal fee is payable when:

• A parish or community council carries out the development.
  
• A club, society or other non-profit making organisation carries out the development for:
  
• - changing the use of land to a playing field; or
  
• - carrying out work related to use of land as a playing field (but not including a building).
  

Refunds of the fee are made when:

• Your appeal is withdrawn at least 21 days before the site visit, hearing or local inquiry.
  
• The LPA withdraw their enforcement notice.
  
• You win your appeal on legal ground (b), (c), (d) or (e).
  
• An appeal or enforcement notice is turned away because you or the LPA have failed to meet all the procedures.
  
• An enforcement notice is not acceptable for legal reasons.
  

A part refund will be made in the event of overpayment and if the appeal decision changes the description of the development in the enforcement notice and a lower fee should have been charged. If the appeal relates to siting of a caravan, no refund is due because the Inspector usually considers the planning merits of the caravan. This is because planning permission, or a certificate of lawful use or development, is required to obtain a site licence from the LPA. If your appeal succeeds on ground (c) or (d), the Inspector may grant a certificate of lawful use or development if you have specifically asked him or her to do this and have paid the fee.