You can appeal if:
- planning permission is refused
- planning permission was granted but with conditions you consider inappropriate
- the decision was not made within the time allowed
- more information was requested on an outline application but you do not wish to supply this.
If you disagree with your planning application decision (as an applicant) for minerals and waste development or we do not determine your application within the statutory time scale you have the right to appeal to the Secretary of State.
The appeal must be submitted to the Planning Inspectorate who administers the appeals process, appeals should always be seen as a last resort.
If you are appealing against a refusal of planning permission you should first discuss your decision with the Planning Officers at Nottinghamshire County Council. Officers should be able to address the reasons for refusal or any outstanding issues. If you amend your proposal you may reapply within a year (of the date of refusal) without paying another fee.
Who can appeal
Only the person who made the application for planning permission can appeal. There are no provisions available for other parties who may have concerns, such as local residents, to appeal against a planning decision.
It may be possible for third parties to challenge a planning decision through the Courts but only on a point of law and not on the planning merits of the proposal.
Appeals must be made within six months of the date of the decision notice (for appeals against non-determination the six months starts from the date that a decision should have been made).
Appeals can be made in three ways:
This is an appropriate method if all issues can be covered in writing. This procedure is usually the quickest and cheapest.
A hearing is less formal than an inquiry (see below) and usually is quicker and simpler. A hearing enables all parties to present their case fully and fairly during a table led discussion led by the inspector. Formal cross examinations are not usually allowed.
An inquiry is the most formal (and expensive) method of appeal. Inquiries allow formal cross examination and usually involve barristers representing the various parties.
**Please note: the results of your appeal will always depend on the planning merits of your application and not the procedure you chose.
You should chose a method which best suits your requirements. Be aware that appeals determined by an inquiry or hearing can allow either the appellant or the County Council to apply for costs if they consider the other part behaved in an 'unreasonable' way. The inspector decided whether costs should be awarded.
Make an appeal
To make an appeal you must use the official form which can be obtained from:
Customer Services Team
Room 3/15 Eagle Wing
Temple Quay House
2 The Square
Telephone: 0117 372 6372
Three copies of the form need to be completed. Please retain one yourself, send one to the County Council and return one to the Planning Inspectorate. T
The Planning Inspectorate will advise you what information needs to be submitted to support your appeal and a likely time scale for its decision. If you have chosen to go for an Inquiry or a hearing, the Planning Inspectorate will set out the steps that you will need to take, and the necessary arrangements.
To access information on appeals online go to the Planning Portal.
The Planning Portal offers the ability to to make an appeal online. To access this service go to Planning Portal Appeals Service.
The Planning Inspectorate has provide the following support booklets:
- Guide to taking part in planning proceedings by inquiry
- Guide to taking part in planning appeals proceeding written presentations
If you require paper copies for the above guides please contact us.