Whether to appeal
If you disagree with your planning decision as an applicant for a minerals and waste development, or if the County Council does not determine your application within the statutory timescale, you have the right to appeal to the Secretary of State. The appeal itself is submitted to the Planning Inspectorate, who administers the appeals process. Appeals, however, should be seen as a last resort.
If you are appealing against a refusal of planning permission you should first discuss the decision with the Planning officers at the County Council to see if you can address the reasons for refusal or any other outstanding issues. If you amend your proposal you may reapply within a year of the date of refusal without paying another fee.
When you can appeal
The main circumstances when you can appeal are:
- If planning permission is refused,
- If planning permission was granted, but with conditions which you consider are inappropriate,
- If the decision was not made within the time allowed ( i.e. the appeal is against non determination),or
- If more information was requested on an outline application, but you did not wish to supply this.
Choice of appeal method
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:
Written representations - this is an appropriate method if all the issues can be covered in writing. This procedure is usually the quickest and cheapest.
Hearings - these are less formal than an inquiry (as detailed below) and usually quicker and simpler. A hearing enables all parties to present their case fully and fairly in a round the table discussion led by the inspector. Formal cross-examination is not usually allowed.
Inquiries - these are the most formal method of appeal and the most expensive. 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 decide which method best suits your requirements. You should be aware that in appeals determined by an inquiry or a hearing either the appellant or the County Council may apply for costs if they consider that the other party has behaved 'unreasonably'. The inspector decides whether costs should be awarded.
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.
How to 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
tel: 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. The Planning Inspectorate will advise you what information needs to be submitted to support your appeal and a likely timescale 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.
Booklets published by the Planning Inspectorate "Guide to taking part in planning appeals proceeding by inquiry" and "Guide to taking part in planning appeals proceeding written presentations" can be downloaded by clicking on the links below. Paper copies can be obtained by contacting the Planning Department via contact us.
The appeal decision
In all cases, the Inspector will write to you with a decision. This will set out the proposals, identify the relevant planning issues and explain why the Inspector has reached that decision. A copy of this decision notice is also sent to the County Council for our records. Should planning permission be given, then that overturns the earlier decision of the County Council. Should permission be refused, then the earlier decision stands.
Please note this guidance relates to planning appeals only. Further advice can be sought from the Planning Inspectorate visit: www.planning-inspectorate.gov.uk
All appeals relating to decisions of Nottinghamshire County Council may be viewed on the Planning Portal website.
Online appeal process
To access information on the appeals process go to the Planning Portal website.
The Planning Portal offers the ability to make an appeal online. To access this service go to the website: www.pcs.planningportal.gov.uk/pcsportal