How to Appeal a Planning Decision

A guide to the planning appeal process in England, including when you can appeal, the different types of appeal, and how to prepare.

If your planning application has been refused, or the council has failed to decide it within the statutory time period, you have the right to appeal to the Planning Inspectorate. Here is how the process works.

Who Can Appeal?

Only the applicant (or their agent) can appeal a planning decision. Third parties - such as neighbours who objected to an application - cannot appeal an approval. They would need to pursue a judicial review, which is a separate legal process.

Grounds for Appeal

You can appeal if:

• Your planning application was refused
• Your application was approved but you disagree with the conditions attached
• The council failed to decide within the statutory period (8 weeks for householder, 13 weeks for major applications) - known as a "non-determination" appeal
• An enforcement notice has been issued against you

Appeal Deadlines

• Householder appeals: within 12 weeks of the decision
• Other planning appeals: within 6 months of the decision
• Enforcement notice appeals: within 28 days of receiving the notice
• Listed building consent appeals: within 6 months

These deadlines are strict. If you miss them, you cannot appeal.

Types of Appeal

Written Representations (Most Common)

The simplest and quickest method. Both you and the council submit written statements, and the Planning Inspector decides based on the documents. Most householder appeals use this method.

• Typically decided within 8-12 weeks of submission
• No hearing or public inquiry
• Suitable for straightforward cases

Hearing

An informal discussion led by the Inspector, usually lasting half a day. Both sides can present their case and answer questions.

• Typically decided within 16-20 weeks
• Suitable for cases with specific issues that benefit from discussion
• Less formal than an inquiry

Public Inquiry

A formal, quasi-judicial process with evidence given under oath and cross-examination. Used for major or complex cases.

• Can take 6-12 months or longer to schedule and decide
• Often involves barristers and expert witnesses
• Reserved for major developments or cases raising significant issues

How to Submit an Appeal

1. Submit your appeal online through the Planning Inspectorate's Appeals Casework Portal
2. Include your original application documents, the decision notice, and your grounds of appeal
3. The appeal is free to submit
4. The council will be asked to provide their case within a set timeframe

Preparing Your Case

• Read the refusal reasons carefully - your appeal must address each reason for refusal
• Review the officer's report - understand exactly why the council refused your application
• Gather supporting evidence - examples of similar developments that have been approved nearby
• Reference planning policy - show how your proposal complies with national and local planning policies
• Consider amending the scheme - sometimes a revised application addressing the council's concerns is more likely to succeed than an appeal
• Consider professional help - a planning consultant or architect experienced in appeals can significantly improve your chances

Success Rates

Approximately 30-35% of planning appeals are successful. The success rate varies by type:

• Householder appeals: around 35-40%
• Minor developments: around 30-35%
• Major developments: around 25-30%

Your chances improve significantly if you can demonstrate that the council's reasons for refusal were not supported by planning policy or evidence.

Costs

The appeal process itself is free. However, you may incur costs for:

• Planning consultant: £1,500-£5,000 for appeal representation
• Revised drawings: if you amend the scheme
• Expert reports: transport, heritage, ecology, etc.
• Barrister (for inquiries only): £2,000-£10,000+ per day

In rare cases, the Inspector can award costs against either party for unreasonable behaviour - for example, if the council refused an application without proper planning reasons.

Should You Appeal or Resubmit?

Consider resubmitting a revised application if:

• The council's objections are about design details that can be easily changed
• The officer indicated they would support a modified scheme
• You want a faster outcome (resubmission is usually quicker than appeal)

Your first resubmission within 12 months of the original decision is free of charge.

Consider appealing if:

• You believe the council's decision was wrong on planning grounds
• There is strong planning policy support for your proposal
• Similar developments have been approved elsewhere in the area
• The refusal reasons are about matters of principle rather than detail