Appeals process

The Planning Inspectorate will make an early assessment of the validity of your LDC appeal.

If your appeal - or information received later from the local planning authority - shows that the development or use had an effective enforcement notice in place at the time of your application, the development or use cannot be lawful and your appeal will be turned away.

When the Planning Inspectorate has examined your appeal form and documents you will be told whether the appeal is valid and what procedure it will go by.

You may request the written procedure, a hearing or an inquiry.

The Inspectorate will consider whether a local inquiry is necessary. For example, in appeals under s191, where the development or use has already taken place, an inquiry will usually be necessary if evidence of the period over which the activity has taken place is needed, or where there is a dispute between you and the LPA on the facts of the case.

An inquiry will also be necessary where either you or the LPA have requested one. Requests for a hearing will be considered wherever possible.