The Planning Appeals process
There are three forms of planning appeal – written representations, hearing and inquiry.
The guidance for planning appeals is often updated but the last significant changes relate to all appeals made on or after 6 April 2015. The Procedural Guide was last updated 17 September 2024.
This note summarises the current written representations appeals process for Householder development, minor commercial and advertisement appeals. This guidance is also available on the Planning Inspectorate website [1].
Householder development Appeals
Householder appeals relate to development of an existing dwellinghouse or development within the curtilage of the dwellinghouse which is incidental to the enjoyment of the dwelling house. This appeals method does not relate to changes in the number of dwellings/units in a property.
The time limit for receipt of the appeal is twelve weeks from the date of the refusal. Householder appeals are intended to mirror the determination period for the planning application to the Local Authority. However, the current average time to decide is twenty weeks[2] . This is clearly not meeting the specified aim. Please note that during the holiday period, there is often a shortage of Planning Inspectors and you can expect lengthy delays.
Minor commercial development appeals
The minor commercial development appeals process largely deals with shopfront applications for shops and other A class uses including cafes, restaurants, estate agents.
The time limit for receipt of the appeal is twelve weeks from the date of the refusal. The current average time to decide is 27 weeks. Again, lengthy delays can be expected during holiday periods.
Advertisement appeals
Advertisement appeals relate to refusals for express consent to display and advertisement.
The time limit for receipt of the appeal is eight weeks from the date of the refusal. The current average time to decide is 22 weeks.
Other appeals
Most planning appeals fall under this category. The time limit for receipt of these appeals is either
six months from the date of the decision or six months from the expiry (appeal against non determination) of the period the local authority had to determine the application. The current average time to decide written representation appeals is 27 weeks.
General questions
Who determines planning appeals?
A Planning Inspector who is appointed by the Planning Inspectorate and independent of the appellant and Local Planning Authority.
Can a planning scheme be amended?
Only in exceptional circumstances can a scheme be amended at the discretion of the Inspector.
What are the costs of making a planning appeal?
There are no applications costs to submit an appeal. However, to put the case forward, there will ordinarily be the costs of hiring a professional consultant to handle your submission.
Can I claim back any of the costs of my appeal?
The appellant and planning authority can submit a claim for costs if the party feels there has been any unnecessary or wasted expense. The Inspector can also independently decide that costs are worth awarding. The Inspector awards or rejects the costs claim.
Further information and Advice
If you need help with your appeal to the Planning Inspectorate or need someone to review your case, please contact us.
[1] http://www.planningportal.gov.uk/uploads/pins/procedural_guide_planning_appeals.pdf
[2] http://www.planningportal.gov.uk/planning/appeals/guidance/handlingtimes