Appeals process

An appeal can be started once 

• The local authority either takes a decision on a planning application that the developer finds unacceptable
• or hasn't taken a decision within eight weeks
• or serves an Enforcement Notice on development it believes has flouted planning controls
• The developer appeals to the secretary of state
• The secretary of state decides a method of appeal
• All interested parties organise their evidence
• If the case is significant enough, a public inquiry takes place
• The inspector makes a formal site visit
• A decision is made on the appeal
  
  

How an appeal is sparked
A local authority usually has eight weeks in which to come to a decision about a planning application, during which time it is expected to consider any comments or objections from the public.

If you have concerns about a proposed development in your area, perhaps because you feel it would compromise a beautiful local landscape or open the way for harmful development in the future, you should make your views known during the formal consultation period.

If you don't, and the application is approved, you will have few opportunities to object.

If sufficient public concern is demonstrated, the local authority may take the decision to refuse planning permission or else attach conditions to its approval

such as

• Not allowing the applicant to begin until certain infrastructure is in place

• Insisting that certain materials need to be used on a building

• Limiting the hours of operation of a business.

In such cases, the developer may appeal

If the developer does not accept the decision taken by the local authority, or if the authority fails to take a decision within the allotted time, usually eight weeks, the developer has the option to lodge an appeal.

The developer has three months in which to do this.

Please note that third parties are unable to appeal against planning decisions except by way of judicial review. You can, however, request that the Secretary of State 'calls in' a planning application for a public inquiry when a major case that may have more than local significance is involved. You must do this before a formal decision notice of planning permission is issued.

CPRE also believes that local people should be allowed to lodge an appeal in certain circumstances, such as when local authorities grant themselves planning permission against the provisions of their development plan, and we campaign for this.