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Planning Appeal & Timescales – how long do I have?

 

You can appeal the decision! Should you find that you have been refused planning and feel that the planning officer made a mistake, you have a right to appeal to most applications. Find out how long you have to actual appeal and what you should do next. Plus, what is the wait like with the inspectorate. Will you be waiting weeks or months?

This page will break down the process and the important timescales that you have. Please remember Planning Geek can help you. Get in touch today.

appeals for a planning decision notice

How to avoid an appeal in the first place!

Whilst there is no way to guarantee a successful application there are a few steps you can do to ensure you have a greater chance of success.

Ensure that all the reports are submitted. Here at Planning Geek we are often looking at appeal decision notices. One caught my eye just prior to writing this page. The applicant had used a planning consultant. Which is a great start. However that consultant had clearly rushed the application. He had failed to realise that the site was in a Flood Zone 3. He didn’t submit a Flood Risk Assessment (FRA) despite spotting that it was also a Flood Zone 2. He then failed to notice a window. There wasn’t a design & access statement. All these helped towards a refusal. And in turn the refusal of an appeal as the inspectorate could only consider what was in front of him or her. Both the planning officer and inspector commented on the missing FRA and other items.

Submitting a good application will help towards getting that planning through – sure it might cost you a few more pounds, but with the removal of the free-go for application fees, you need to consider whether going for the cheapest option is really the best strategy.

Should that application be refused, then the inspectorate will have all the details and reports to make a sound decision.

 

When can you appeal?

There are three reasons why you can appeal a planning decision.

 

How long do you have to appeal? 

The period in which you can appeal a decision will vary depending upon the application type. Understanding this will assist you in getting that appeal submitted in good time. This is a comprehensive list and should cover most items.

  • 28 days from the date on the decision notice for works to trees covered by Tree Preservation Orders
  • 28 days from the issuing of the enforcement notice
  • 28 days from issuing the a high hedges remedial notice
  • 8 weeks from the date on the decision notice for Advertisement Consent
  • 12 weeks from the date on the decision notice for householder applications – extensions, alterations, garages, swimming pools, walls, fences, vehicular access, porches and satellite dishes etc.
  • 12 weeks from the date on the decision notice for minor commercial applications such as a shop front (does not include change of use, change to number of units, development not wholly on the ground floor or that would increase the gross internal area)
  • 6 months from the date on the decision notice for Listed Building Consent
  • 6 months of the date the decision should have been issued
  • 6 months to object to conditions within a householder application
  • 6 months from the date on the decision for minor commercial development
  • 6 months from the date on the decision for a permission in principle
  • 6 months for a Listed Building Certificate of Lawfulness
  • 6 months from the date on the decision notice for all other applications
  • Before the effective date on a discontinuance notice
  • There is not normally a time limit for submission of an appeal for a Certificate of Lawfulness
  • There is no appeal possible for a non material amendment under Section 96A

 

How do you appeal?

Appeals must be made to the Planning Inspectorate; once you have prepared the relevant documents (see below), an additional copy of the appeal must be sent to the Local Planning Authority.

There is no cost to appeal.

You can submit your documents online to the Planning Inspectorate or for certain applications you can post them to  The Planning Inspectorate, Room 3, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.

You must have copyright permission to use any drawings or other documents.

You can upload Word documents, images or PDF files up to 15MB. Do not send web links to files – send the files themselves.

All files must be:

  • a single document, appendix or image
  • given file names that describe what they are

You must submit the following information (if applicable):

  • A copy of the original application from
  • A copy of the site ownership certificate if submitted separately
  • A copy of the local planning authority’s decision notice if you have one
  • A copy of the site plan
  • Copies of all plans, drawings and documents you submitted with your original application
  • Any other documents or information you feel directly supports your appeal (e.g. your full statement of case).

These documents will vary depending upon the appeal type – follow the procedure detailed here.

 

How long will you have to wait for an appeal decision?

For most appeals, you can expect on average to get a reply after around 29 weeks (March 2024 figures) for written representations, although householder appeals are coming in around 18 weeks.

For enforcement, listed building appeals and lawful development certificate appeals the average wait is around 59 weeks.

 

More information

Planning Gee is able to assist you in submitting an appeal. Our consultants are use to what is required. Please fill in the form here and we will revert to you asap. We are here to help.

However should you decide to appeal yourself, there are various procedures and forms you need to complete. The various pages below should assist.

The government has produced various further information.

Procedural Guide to planning appeals in England

How to complete your planning appeal form – England

How to complete your householder planning appeal form – England

How to complete your listed building consent appeal form – England

How to complete your advertisement/discontinuance notice appeals form – England

 

 

 

 

 

 

Page Updated: 13th May 2024

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