appeals against applications under the town and country planning act (1990)

You have the right as an applicant to appeal against a refusal or non-determination of an application or against the imposition of conditions placed on your planning decision. This is done by submitting the appropriate form and information to the Planning Inspectorate. The Planning Inspectorate offer advice, downloadable forms and leaflets to assist you in making an appeal.

If you are an interested party who is affected by a planning decision, you do not have the right of appeal. You may, however, make representations on appeals submitted by the applicant.

Appeals must be made within six months of the date of the Council's notice of decision. The one exception is appeals against advertisements, which must be made within eight weeks. You can also appeal if the Council does not issue a decision within eight weeks and you have not previously agreed to extend this period.

The appeal must relate to the application that has been refused. Appellants cannot introduce new drawings if these materially change what was included in the application.

An appeal may also be made against an enforcement notice. This is done by submitting the appropriate form, which the Council sends out with the enforcement notice.

There is no cost for making a planning appeal. A fee may be payable when you submit an enforcement appeal and the notice will advise how much this will be.

The appeal will be decided by a planning inspector who is appointed by the Secretary of State for Local Government, Transport and the Regions

Appeals will be dealt with in one of three ways:

Written representations - where the appeal is determined after an exchange of written statements by the two main parties. This is followed by a site visit by a planning inspector.
Hearing - where the merits of the appeal are discussed relatively informally in front of the inspector. This is followed by a site visit.
Public inquiry - where evidence is formally presented in front of an inspector. Cases are normally put forward by a solicitor or barrister who calls witnesses to give evidence. This will be subject to cross-examination from the other side. The inquiry concludes with a site visit.

Parish Councils and members of the public will be consulted and invited to comment on an appeal. Members of the public can speak at hearings and inquiries. Evidence from district and parish councillors can be useful, especially if they have detailed local knowledge.

Parish Councils and the general public can also play a major role at public inquiries. They may be represented by their own advocate or consultant. An appeal decision may uphold the Council's decision or grant permission. Nationally, around two-thirds of appeals are dismissed.

The Government's timescales for dealing with appeals are as follows:

Written representation appeals - 80% to be determined within 16 weeks
Hearings - 80% to be determined within 21 weeks
Public Inquiries - 80% to be determined within 30 weeks

The targets for enforcement appeals are some 16 to 20 weeks longer.

The reasons for the decision must be clearly stated so that the inspector's reasoning is fully understood.

If an appeal is dismissed on grounds of principle, the Council can refuse to accept a similar application on the same site, for two years after the date of the decision.

Occasionally, an inspector may award the other main party an award of costs. This will only be the case where it can be shown that the other party has acted unreasonably. This is usually where either the Council is unable to adequately support a reason for refusal, or the appellant has pursued an appeal which is clearly contrary to adopted policies. The costs regime does not apply to appeals conducted by written representations.

Please Note: This advice is intended as a general guide. It should not be relied upon, or taken to be a full interpretation of the law.

Call 03450 455 216 or email DSappeals@scambs.gov.uk (This link will open in a new window).
You can view appeals that have been made on our Planning Applications Appeals database (This link will open in a new window).

The follow links to the Planning Inspectorate website provide more information on:

List of publications (This link will open in a new window)
Guidance on how to submit, or take part in an appeal (This link will open in a new window)
Frequently asked questions (This link will open in a new window)
Call 0117 372 6372 or email: enquiries@planning-inspectorate.gsi.gov.uk (This link will open in a new window). Or go to Planning Inspectorate customer support page (This link will open in a new window) for full contact details.