If a planning application is refused by a local planning authority (LPA) or if the application wasn’t determined within the established deadline then an appeal can be made to the Planning Insepectorate. The planning Inspectorate is in charge of administering all planning appeal and is entirely separate body independent to the Local Planning Authority. There is a strict process and timeframe for the submission and processing of appeals which is set by the Planning Inspectorate. The right of appeal extends only to the applicant in planning and householder appeal cases and to the recipient of the Enforcement Notice in enforcement appeal cases.
Most planning appeals are dealt with by means of written representations. There is the option of having an appeal heard at informal hearing, or for more complex applications at a public inquiry. The Planning Inspectorate will have the final say as to the route a planning appeal will follow.
For written representations appeals, the planning Inspector allocated to an appeal will consider all the written evidence provided by all parties and will visit the site to assess the proposal. A final decision will be made by the Inspector in writing after the site visit. A planning appeal currently has to be received by the Planning Inspectorate within six months of the date of the application decision.
If a planning application relates to smaller scale domestic development such as a rear extension or roof alteration then the householder application route is most likely to have been followed. Any subsequent appeal will follow the householder appeals route also. The process is similar to that of standard planning appeals but is more streamlined and is therefore faster overall . A householder appeal currently has to be received by the Planning Inspectorate within 12 weeks of the date of the application decision.
In the event that an Enforcement Notice is issued by the Local Planning Authority there is an opportunity to make an appeal. An appeal must be lodged with the Planning Inspectorate before the date the Enforcement Notice becomes effective. The effective date for an Enforcement Notice can vary but in most cases allows a much shorter time period for appeal than in standard planning and householder appeals. More information on enforcement appeals can be found in our fact sheet on Enforcement.
If you would like to find out more, please contact:
Pulborough: Clare Bartlett MRTPI
Tunbridge Wells: Kirsty Castle MRTPI