When you can appeal

You can appeal against:

  • refusal of a planning application 
  • an enforcement notice 
  • refusal of a householder planning application 
  • refusal of listed building or conservation area consent
  • refusal of Lawful Development Certificates
  • refusal of advertisement consent 

Planning appeals are dealt with by the Planning Inspectorate except for: 

  • appeals against the issue of a Section 215 notice to the magistrate court – we recommend you contact a legal adviser before doing this 
  • when you have been served with a breach of condition notice, a stop notice or a temporary stop notice – there is no right to appeal against this notice other than applying to the High Court for judicial review if you consider the notice to be invalid.

If you choose not to appeal the notice, it will take effect on the timescales as stated on your notice and you are then required to comply with the requirements of the notice. Failure to comply with the requirements of the notice can be payable via prosecution proceedings in court, up to £20,000. 

Your right to appeal

You have the right to appeal if:

  • a decision on your planning application hasn’t been made within 8 weeks (13 weeks for a major application) from the application being accepted 
  • your planning application was refused or granted with conditions you don’t agree with 
  • we ask for more information before we can decide on your planning application, but you don’t want to supply this information 

Who can appeal? 

Only the person who made the original planning application can appeal. If there is more than one applicant, either or both applicants can appeal.

You should also note that:

  • only one appeal is allowed per planning application 
  • you must appeal before an enforcement notice takes place or within 28 days, 8 weeks, 12 weeks or 6 months of a decision being issued, depending on the type of application 

Visit GOV.UK for more information on the different types of appeal, how to appeal and the timescales. 

 

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