Appealing a planning decision
You usually have a right of appeal if:
- Your application was not decided within a set period (usually 8 weeks)
- We refused your application
- We granted it with conditions you disagree with
All planning appeals are administered by the Planning Inspectorate. There is no fee for appealing.
Who can appeal
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’).
Inspectors decide most appeals, but in cases where they make a report to the Secretary of State the appeal is decided by the Secretary of State. This is termed a 'called in' inquiry and usually only occurs with very large developments.
Time limits
There are strict time limits on the right to appeal. Appeals submitted outside these limits will normally be rejected.
| Type of application | Time limit for appeal |
| Householder application | 12 weeks from date of the notice. 28 days for an enforcement notice. |
| Listed building consent | 6 months from either the date of decision or when the decision was due if you didn't get one within 8 weeks (13 weeks for major developments). |
| Minor commercial development | 12 weeks. 28 days for an enforcement notice. |
| Planning decision | 6 months from date of decision notice. If a decision was not made within 8 weeks you can appeal up to 6 months after the decision was due. |
| Enforcement notice | Before the date the enforcement notice takes effect |
| Lawful Development Certificate | Usually no deadline. Listed building lawful development appeals must be within 6 months of the decision. |
| Display of an advertisement | 8 weeks. If you've been sent a discontinuation notice you need to appeal before the date on the notice. |
| Tree Preservation Order | 28 days, before the date the tree replacement notice comes into effect. There is no deadline for applications not decided within 8 weeks. |
| Hedgerow notice | 28 days |
How to appeal
There are three ways of submitting an appeal:
- Written representation (the cheapest, simplest and most common procedure)
- Informal hearing (discussion forum)
- Public inquiry (full cross examination)
The first option is the most common, especially for householder and other minor applications. Appeals for more detailed major applications tend to be decided by an informal hearing or a full public inquiry.
A written representation statement typically includes an appraisal of the scheme and issues, together with maps, plans and photographs but not oral evidence. Whichever procedure is used, the Inspector will visit the site to judge the effect of your proposal on the area.
If you, the Council or the Planning Inspectorate do not agree to the written procedure, a hearing or an inquiry will be arranged.
Find out more
Further appeals information is available on GOV.UK and the Planning Inspectorate Procedural Guide.