Planning appeals

COVID-19 – Planning Appeal Note

The Planning Inspectorate has asked the Council to advise third parties of the importance of referring to its webpages for up-to-date information about how best to correspond with them during the this time and to submit representations via the Appeals Casework Portal whenever possible (as the office is currently closed, they are unable to receive postal representations). The relevant web links are below.

Appeal against a planning decision

If your planning application is refused or you object to conditions which have been attached to an approval, then in the first instance you should contact your case officer to see if your proposal can be amended to address the planning issues raised.

If we can’t reach an agreement, you can appeal to the Planning Inspectorate – as long as you do it within a certain time period. Further details can be found on the Decision notice issued to you by the local planning authority

See much more detail about the appeals process on the Government’s Planning websites:

Planning Portal (Government website) Appeals, and also the Planning Practice Guidance.

Different Appeal Procedures

An appeal can be decided in a number of ways.

• Written Representations - this is the most common procedure, involving the exchange of written statements and a decision by a Planning Inspector
• Informal Hearing - this also involves the exchange of written statements but the appointed Planning Inspector conducts a hearing to provide an opportunity to ask questions about the evidence in more complex cases
• Public Inquiry - this also involves the exchange of written statements but the appointed Planning Inspector holds a Public Inquiry so that evidence can be tested. This procedure is usually limited to the most complex cases

In all cases, the Council or the appellant may apply for costs against the other party. They would have to show that they incurred unnecessary costs as a result of unreasonable behaviour. An award of appeal costs is not made on the basis of who wins the appeal.

The arrangements for awarding costs are explained in detail in National Planning Policy Guidance.

Last updated Friday, 2nd October 2020