Planning appeals

When can a decision be appealed?

There is a right of appeal against most local planning authority (LPA) decisions in respect of planning applications and other applications for planning consents.

An appeal can be made on the grounds that the LPA has:

1. •

   refused an application for planning permission or permission in principle

2. •

   granted permission subject to conditions

3. •

   refused an application for any consent, agreement or approval required by a planning condition, or granted it subject to conditions

4. •

   taken longer than eight weeks to decide the application (or 13 weeks for a major 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 grounds to contest the reasons for refusal of permission, or the conditions attached