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Appeals

31 August 2016

Only the person who made a planning application or who is subject to an enforcement notice has the right to appeal. 

Planning decision appeals 

The appellant may appeal against a planning decision on the following grounds:
 
  • Where they disagree with the decision of the planning committee
  • Where no planning decision has been made within the statutory period
  • Where the planning application was granted, but with conditions they believe are unfair or unreasonable
 
Appeals are made to the Planning Inspectorate. Further information on planning appeasl can be found on the UK Government website.
 
There are three types of planning appeal: 
  • Written representations
The appellant and the council each submit a written statement of their case and a decision is made based on those statements.
 
  • Informal hearings
The appellant and the council each submit a written statement of their case and then meet an Inspector to discuss the issues informally.
 
  • Public inquiries
A formal process where the applicant and a representative from the council each present evidence, witnesses can be called and cross-examination may take place. 
 
All planning appeals are carried out in accordance with regulations. Consultees and third parties who have made representations during the original planning process are notified when a planning appeal is to take place.
 

Enforcement Notice Appeals 

Anyone who has been served with an Enforcement Notice may submit an appeal to the Secretary of State through the Planning Inspectorate provided that this is done before the Enforcement Notice takes place. A guide to Enforcement appeals is available.