Appeals Process

If you seek consent or permission to carry out particular works to your property (such as building an extension) and your application:

• isn't decided within a set period, or
• the local authority refuses your application or grants it on conditions you disagree with

you usually have a right of appeal.

The appeal will be made to the First Secretary of State in England or, for applications relating to land or property in Wales, to the National Assembly for Wales. The Planning Inspectorate administers these appeals.

Only the applicant for consent or permission can make an appeal. There is no right of appeal for interested people or organisations (known as ‘third parties’) in England and Wales.

You can also appeal if the local planning authority has served you with an Enforcement Notice.

There are strict time limits on the right to appeal.

Inspectors decide most appeals, but in cases where they make a report to the Secretary of State or the National Assembly for Wales the appeal is decided by the Secretary of State or the National Assembly.

Once your appeal has been submitted, it will be checked to make sure that everything is in order. The Case Officer dealing with your appeal will let you know what else you need to do during the course of your appeal, and when you need to do it. After all the documentation has been gathered together, the Inspector will consider all the evidence in the light of:

• the development plan
• local and national policy
• your statement of case,
• the local authority’s statement of case,
• comments you make on their statement and vice versa
• comments submitted by anyone else.

Your case will be considered on its merits. Your statement should cover all the points that you consider relevant, but you should try to keep it as short as possible. The Inspector appointed to deal with your appeal has access to all national planning policy and if you want to refer to it, you need only quote the particular paragraph(s) of the relevant document(s).

Where the Inspector is deciding the case, the Case Officer will send the decision to you. Where the Inspector is not making the decision, the report will be sent to the officials acting for the Secretary of State or National Assembly, and they will let you know the decision.