Planning Portal

 
  1. Planning
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  3. Appeals guidance
  4. Appeals Overview

Appeals Overview

Can I appeal?

You can appeal:

  • if you made the original application, or if you are acting as Executor for another person who made it.
  • if an Enforcement Notice has been served on you, or you have a legal interest in the land when the appeal is made or if you are a relevant occupier in occupation of the land both when the notice was served and when the appeal was made.
  • If a Discontinuance Notice has been served on you.

There is no right of appeal for anyone else.

In most circumstances you should be able to make the appeal yourself, but someone else can do it for you, acting on your behalf.

Is there a time limit?

Yes, there is a time limit (except for appeals relating to certificate of lawful use or development applications).  Whilst an appeal should be a last resort, you should take the time limit into account when exploring other options with the local planning authority.

The time limit for making your appeal depends on the type of appeal you are making.

What happens if I appeal?

The matter will usually be considered and decided by an Inspector acting for the Secretary of State (England).  In a limited number of cases, the Inspector will write a report and the decision will be taken by the Secretary of State.

You will be expected to provide information to support your case.  The local planning authority will provide information to support theirs.  You will be told what the timetable is for this information to be provided. 

Before reaching a decision, the Inspector will usually visit the site, and may hold a hearing or inquiry as well, depending on the procedure adopted for the appeal. Further information about procedures can be found in the relevant “How to complete your appeal form”.

How long does it take?

The time from submitting an appeal to getting a decision may run into months.  Details of current handling times can be found on the Handling Times page.

How much does it cost?

It does not cost anything to make an appeal.  If you decide that you want someone to represent you, you may have to pay them for doing so.

If your appeal relates to an Enforcement Notice, you may need to pay a fee to both the local planning authority and the Planning Inspectorate if you want the Inspector to consider a “deemed planning application”.  Information about the amount payable will be enclosed with the enforcement notice.

How do I make an appeal?

Read the advice and guidance on making an appeal.

These pages contain specific guides to help you complete the appeal form whether you do it online or on paper.