Appeals

A right of appeal exists where the Council issues a decision on a planning application.

An appeal may be made where:

  • an application for planning permission or other consent is refused
  • an application for planning permission or other consent is granted but with conditions that the applicant does not agree with

Who has the right to appeal?

Only the applicant has the right to appeal against the decision. If the council grant planning permission for a development there is no appeal mechanism for third parties (e.g. consultees or members of the public who may have objected to the development).

How are appeals dealt with?

Appeals are dealt with by the Planning Inspectorate, an independent Government organisation based in Bristol. An appeal must be made using a form which can only be obtained from the Planning Inspectorate, and must be made not later than 6 months after the council has issued its decision on the planning application, unless it releates to a householder application. Householder application appeals must be made within 12 weeks of the council issuing its decision.

The Government sets specific timescales for dealing with appeals which all parties must adhere to. The timescales depend on the appeal method chosen. The appellant has the right to request the method used to determine the appeal. The three methods are:

  • Written Representations: A simple exchange of written statements followed by an Inspectors site visit during which the council and the appellant are usually present but cannot make representations. This is usually the quickest method and most commonly used for most appeals, particularly those relating to Householder developments.
  • Informal Hearing: An exchange of statements followed by an informal 'round the table' discussion attended by the council and the appellant and / or agent led by the Planning Inspector. The hearing would also include a site visit during which (in most cases) a discussion can continue. Third parties, such as members of the public may also attend and contribute to the discussion, although legal representation is discouraged. This method is often used where the issues are complex but the development has little impact on the wider area.
  • Public Inquiry: This is the most formal form of appeal and operates in a similar way to a court of law with each side having legal representation. The parties use one or more 'witnesses' to present their case and statements (called Proofs of Evidence) are exchanged. This is followed by a formal hearing during which witnesses formally present their evidence and face cross examination by the other party(s). Third parties, such as members of the public may also attend and present evidence, although they would be open to cross examination by the other parties. The inspector presides over the hearing as a Judge would in a Court of Law. The Inspector, together with representatives from each party visit the site, but again, no representations can be made during the site visit. This form of appeal is rare and is usually only used for appeals involving major developments or where there are complex issues and a significant level of public interest.

In all cases (except where the decision is to be made by the Secretary of State), the Inspector will issue the decision to the appellant and send copies to the council and other parties. We will put copies of appeal decisions made by the Planning Inspectorate or the Secretary of State on the Statutory Register within three days of receiving them.

If your application is refused, even if you have submitted, or intend to submit an appeal, we are still willing to discuss with you whether there is any way of finding an acceptable solution such that a resubmission of your application may be viewed favourably.

Please remember that if your appeal is dismissed, we have the right to refuse to deal with another planning application for the same or substantially similar development for two years from the date it is dismissed.