Planning and Enforcement Appeals

Planning appeals

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
you have been served with an enforcement notice (see separate section below re enforcement notice appeals)

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 timescale you have the right to appeal to the Secretary of State. If you are considering appealing against a refusal of planning permission, you should first discuss your decision with officers at the council. It might be possible to agree a way forward through negotiating revisions to your scheme, agreeing additional information that is required and then reapplying for planning permission.

Who can appeal

For planning applications, only the person who made the application for planning permission can appeal. There are no provisions available for third parties who 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.

Appeal timeframes

All appeals must be submitted to the Planning Inspectorate which administers the appeals process. Appeals relating to planning applications 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).

If an enforcement notice is served after your application is refused, you need to appeal by whichever of these dates is sooner:

Prior to the effective date of the enforcement notice;
6 months from the date of the decision notice.

Enforcement notice appeals

Who can appeal an enforcement notice

A person having an interest in the land to which an enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice, whether or not a copy of it has been served on him.

There is no right of appeal against a Breach of Condition Notice.

On what grounds can an enforcement notice appeal be lodged

An appeal may be brought on any of the following grounds:

that planning permission ought to be granted for the breach of planning control or, as the case may be, the condition or limitation concerned ought to be discharged;
that those matters have not occurred;
that those matters (if they occurred) do not constitute a breach of planning control;
that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control;
that copies of the enforcement notice were not served as required;
that the steps required by the notice to be taken, or the activities required to cease, exceed what is necessary to remedy any breach of planning control or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;
that any period specified in the notice falls short of what should reasonably be allowed.

Appeal timeframes

An enforcement notice appeal must be made before the effective date of the enforcement notice.

How to make a planning or enforcement notice appeal

Details of how to make an appeal can be found on the Government's website

Methods by which planning and enforcement notice appeals can be determined

Appeals can be considered in one of three ways.

Written representations

This is an appropriate method if all issues can be covered in writing. This procedure is usually the quickest and cheapest.

Hearings

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.

Inquiries

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.

Additional costs

You should choose an appeal process which best suits your requirements. Be aware that either the appellant or the County Council can apply for an award of costs if they consider the other party behaved in an 'unreasonable' way. The inspector decides whether costs should be awarded.