Planning Permission Appeals

Architect plans. Planning Permission: Appeals

Your permitted development rights mean it's often not necessary to apply for planning permission to extend your home or convert the loft. But what happens if you do need to apply and are turned down? Find out about the planning appeals process.

By Sarah Warwick

Builders Tools. Planning Permission: Appeals

What Do I Do If My Application's Turned Down?

Don't rush straight into an appeal as your first response. First, take the opportunity to speak to your local authority planners about the reasons why permission was refused. You may be able to modify your proposal in a way that still works for you, then re-apply for planning permission.

What Gives Me The Right Of Appeal?

You can appeal if your planning permission was refused, or if the conditions of your permission appear inappropriate or unreasonable. If you haven't received a decision on your application within the time allowed - which is normally eight weeks from when your application was accepted - then you are also allowed to appeal.

It's important to act without undue delay, though. Your local planning authority will have told you on application by when a decision will be made. If it doesn't decide by that deadline, then you can usually appeal within six months of that date. But if your planning permission was refused, the time limit to appeal is generally 12 weeks from the date of the decision.

Appealing is free, but you and your local planners pay your own expenses. Bear in mind, too, that if there's a hearing or enquiry one side may have to pay the other's costs, too.

How Do I Appeal?

You may be able to do this online at the planning portal, or by hard copy. Whichever method you use, you will need to complete a form and supply the required documents to the Planning Inspectorate. You should also copy everything to your local planning authority.

It's important that you're very clear on why you're appealing, and that all your reasons relate directly to your original application.

What's The Appeals Process?

There are three appeals procedures: written representations, hearing, and local enquiry. In many instances, you will be able to appeal using the electronic householder appeals service, an expedited process for householder applications - such as those for extensions and alterations - which have been turned down. This takes place on the basis of written representations.

Take note that if you didn't receive a decision within the time limit - so-called non-determination - you can't use this service. Likewise, you can't use it to appeal against conditions on planning permission. You can check out the procedural guidance on the planning portal.

You can indicate which procedure you would prefer when you fill in your appeal form.


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