Application refused? What next?
The person who applied for planning permission can appeal against the decision of the Borough Council if:
- He/she considers the refusal of planning permission unfair
- He/she considers the conditions imposed to be unreasonable
- The application has not been decided by the statutory time limit (8 weeks in the case of most applications, 13 weeks for ‘major’ applications and 16 weeks if the application is accompanied by an Environmental Impact Assessment)
In cases where an enforcement notice has been issued this can also be appealed against.
Most planning appeals must be received within 6 months of the date on the decision notice. Where the appeal relates to an application for householder planning consent, and is to be determined via the fast track Householder Appeals Service, there are only 12 weeks to make the appeal.
There are different deadlines by which to submit an appeal under the Commercial Appeals Service:
- appeals related to shop fronts must be submitted within 12 weeks
- advertisement consent appeals must be submitted within 8 weeks.
For more detail see Annex C of the Planning Inspectorate Procedural Guide.
If an appeal on an application for planning permission is linked to enforcement action, there are only 28 days to make the appeal.
All appeals must be accompanied by the relevant application documents, including the full statement of case. For further information see the Planning Inspectorate Procedural Guide.
Costs can be awarded against either party if they are deemed to have acted unreasonably.
- Written representation
- Informal hearing
- Public inquiry.
Once a decision has been made the Planning Inspector’s decision will can be viewed on The Council's Planning Online website.
Appeal forms can be obtained from the Planning Inspectorate
Phone: 0117 372 6372.
The Planning Inspectorate,
Customer Support Unit,
Room 3/15 Eagle Wing,
Temple Quay House,
2 The Square,
Fax number: 0117 372 8782.