Recovered planning appeals
Recovered planning appeals

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

  • Recovered planning appeals
  • When does recovery take place?
  • What appeals can the Secretary of State/Welsh Ministers recover?
  • England
  • Wales
  • Procedure
  • Recovered decision letters
  • Impact of coronavirus (COVID-19) on planning appeals

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak—see: Impact of coronavirus (COVID-19) on planning appeals. For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

Planning appeals can be ‘recovered’ for decision by ministers. In a recovered appeal, instead of an inspector making the decision, they write a report making a recommendation on how the appeal should be determined. The inspector’s recommendation is then taken into account by the Secretary of State/Welsh Ministers when making the decision on the appeal, taking into account the inspector’s recommendation.

Recovery should not be confused with ‘call-in’, where the original application decision is taken away from the local authority and made by ministers. See Practice Note: Call in by the Secretary of State.

When does recovery take place?

Recovery can occur at any stage of the appeal up to the point at which the inspector issues their decision, even after the site visit, a hearing or an inquiry has taken place.

What appeals can the Secretary of State/Welsh Ministers recover?

The Secretary of State/Welsh Ministers have issued criteria for the type of appeals which they will consider recovering for their own determination. However, they retain a wide discretion in deciding when and whether to recover an appeal and only a

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