We try hard to ensure that everyone who uses the appeal system is satisfied with the service they receive from us. Planning appeals often raise strong feelings and it is inevitable that there will be at least one party who will be disappointed with the outcome of the appeal. This often leads to a complaint, either about the decision itself or the way in which the appeal was handled. This page provides a glossary to help explain the terminology often used in the planning process and a number of questions that are often asked by our customers. We hope you find them helpful.
A glossary of planning terms is available.
The following questions are often asked and we hope they will help you put your query into context:
Although we can rectify minor slips, we cannot reconsider the evidence the Inspector took into account or the reasoning in the decision. This can only be done following a successful High Court challenge. The High Court leaflet (PDF) explains more about this.
We are keen to learn from our mistakes and try to make sure they do not happen again. Complaints are therefore one way of helping us improve the appeals system.
Local views are important but they are likely to be more persuasive if based on planning reasons, rather than a basic like or dislike of the proposal. Inspectors have to balance all of the often conflicting information before justifying their decision.
‘Allowed’ means that Planning Permission has been granted, ‘Dismissed’ means that it has not.
Using Inspectors who do not live locally ensures that they have no personal interest in any local issues or any ties with the main parties. However, Inspectors will be aware of local views from the representations people have submitted and from their visit of the local area and site before a decision is made.
Inspectors must give reasons for their decision and take into account all views submitted but it is not necessary to list every bit of evidence.
Although two cases may be similar, there will always be some aspect of a proposal which is unique. Each case must be decided on its own particular merits.
The appeal decision will highlight what the Inspector found unacceptable about the proposed development. In some cases it may be possible to address these problems, in which case you should in the first instance talk to your Local Planning Authority's planning officers or take advice from a planning consultant.
It is the council's responsibility to ensure conditions are complied with. They can investigate and have discretionary powers to take action if a condition is being ignored. The enforcement of an order that is upheld is also the responsibility of the council. In both cases we are unable to investigate the work of councils and we strongly suggest you contact them to raise this issue. Our involvement in the appeal ends with the publishing of the Inspector's decision
In the unlikely case where you have not received either an acknowledgement or a full reply regarding your letter, please contact the Quality Assurance Unit on 0117 372 8962.
Yes, if having received our reply, you are not satisfied with it you can ask for your complaint to be examined by the Parliamentary and Health Service Ombudsman (PHSO) In Wales the Public Service Ombudsman for Wales. The PHO considers complaints about organisations providing central government services in the UK. These include government departments and agencies and a range of other public bodies.
The PHO can also work jointly with the LGO in suitable cases where complaints may be relevant to more than one Ombudsman’s jurisdiction. We should however confirm that neither PHO or LGO have the legal power to change a planning appeal decision. This can only be done through a successful challenge in the High Court. More detail on this can be found at question one above.
We are working towards being able to accept attachments to your correspondence but are unable to do so at this time. If you do wish to have other documents linked to your correspondence please contact us to arrange this. You don't need to send us documents you have already sent as part of either the application or appeal as we will hold those on the appeal file so long as it was decided within the last year.
The content on this page is the responsibility of the Planning Inspectorate.
