Planning appeals—key points
Planning appeals—key points

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • Planning appeals—key points
  • When can a decision be appealed?
  • Who can appeal?
  • Determining body
  • Guidance
  • Procedure for appeal
  • Time limit
  • Determination of planning appeals
  • Costs
  • Commenting on an appeal
  • more

When can a decision be appealed?

There is a right of appeal against most local authority decisions on planning application decisions and other planning decisions. This Practice Note deals primarily with appeals against decisions relating to planning application decisions. For information on appeals against enforcement notices, listed building consent, advertisement consent, the community infrastructure levy, hazardous substances consent, prior approval, lawful development certificates and tree preservation orders, see Practice Note: Appeals against other planning decisions.

An appeal can be made on the grounds that the local planning authority (LPA) has:

  1. refused the application for planning permission

  2. granted permission subject to unreasonable conditions

  3. refused to approve the details of a scheme which has already been given outline permission

  4. approved the details of such a scheme subject to unreasonable conditions

  5. taken longer than eight weeks to decide the application (or 13 weeks for a larger development or 16 weeks if the application includes an environmental impact assessment)

Making an appeal should be a last resort. Before making an appeal, the appellant should first consider re-engaging with the LPA to discuss whether any changes to the proposal would make it more acceptable and likely to gain permission. It may be possible to make a further planning application without charge.

Applicants should give consideration to the merits of the case, and whether there are strong