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Guidance on the Appeal Process

Procedural Guide - Planning appeals – England

This Guide applies:

  • to planning appeals where the local planning authority’s decision notice is dated 1 October 2013 or later;
  • to planning appeals where the local planning authority was due to make its decision on or after 1 October 2013 but has failed to do so;
  • where the date of the application for minor commercial permission is 1 October 2013 or later;
  • to advertisement appeals received on or after 1 October 2013.

Procedural Guide - Planning appeals and called-in planning applications - England

This Guide applies to:

  • planning appeals where the local planning authority’s decision notice is dated 30 September 2013 or earlier;
  • planning appeals where the local planning authority was due to make its decision on 30 September 2013 or earlier but has failed to do so;

It also applies to all planning applications which are “called-in” for the Secretary of State (rather than the local planning authority) to decide.

Procedural Guide – Enforcement appeals – England

This Guide replaces Procedural Guidance: Enforcement appeals and determination of procedure (PINS 02/2009), and Circular 10/97 Enforcing planning control: legislative provisions and procedural requirements and Circular 02/02 Enforcement appeals procedure - in respect of appeal procedures.

Procedural Guide – Certificate of lawful use or development appeals – England

This Guide replaces Procedural Guidance: Enforcement appeals and determination of procedure (PINS 02/2009), and Circular 10/97 Enforcing planning control: legislative provisions and procedural requirements and Circular 02/02 Enforcement appeals procedure - in respect of appeal procedures.

Revised criteria

Of particular note in the Procedural Guides is that the criteria for determining the appeal procedure have been revised and extended to apply to planning, enforcement, advertisement and discontinuance notice appeals from 3 October 2013.

The guides also make it clear that while the criteria do not apply directly to listed building, conservation area consent, listed building enforcement and certificate of lawful use or development appeals they do provide a useful indication of which would be the most relevant procedure for these appeals and we ask the parties to take account of them when indicating their preferred procedure.

Costs awards

The guides also explain that for appeals received on or after 1 October 2013, and called-in planning applications where the date of the call-in letter is 1 October 2013 or later, costs may be awarded at the initiative of the Inspector.

DCLG guidance

These documents should be read alongside the guidance on appeals published by the Department for Communities and Local Government in its National Planning Practice Guidance at http://planningguidance.planningportal.gov.uk.

Making your appeal

Guide to taking part (Planning)

Guide to taking part (Enforcement)

Guide to Rule 6

Costs

Statement of common ground

Other Guidance

Help for Local Planning Authorities