Construction & Property

Make a planning appeal

How to appeal a planning refusal or non-determination to the Planning Inspectorate. Covers appeal types, deadlines, the process, and how to prepare an effective case.

UK-wide
Guide summary

If your planning application is refused or not decided in time, you can appeal to the Planning Inspectorate. You must appeal within strict deadlines – between 8 weeks and 6 months depending on the type. There are different appeal procedures, from written submissions to formal inquiries.

  • Appeal within 6 months for standard refusals
  • Appeal within 12 weeks for householder refusals
  • Use written representations for simple cases
  • Hearings discuss issues in person
  • Inquiries are formal for complex cases
  • No fee to submit an appeal
  • 80% of householder appeals decided in 8 weeks
  • Success rate is about 3 in 10
  • Check if resubmitting is quicker than appealing
  • Submit online via Planning Inspectorate portal
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UK-wide

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If your planning application is refused, or the local planning authority fails to determine it in time, you have the right to appeal to the Planning Inspectorate. An independent inspector will review your case and can grant permission where the LPA refused it.

This guide explains when to appeal, how the process works, and how to prepare an effective case.

When you can appeal

You can appeal against:

  • Refusal: The LPA refused your planning application
  • Conditions: Permission was granted but with conditions you consider unreasonable
  • Non-determination: The LPA failed to decide within the statutory period and hasn't agreed an extension

Note: You cannot appeal against a withdrawn application - you must resubmit and await a decision.

Types of appeal

There are three main appeal procedures, with different levels of formality:

Which procedure applies to your appeal?

The Planning Inspectorate determines the procedure based on the complexity and nature of the case:

  • Written representations: Most minor applications, straightforward cases
  • Hearing: Where discussion would help clarify issues, but formal evidence testing isn't needed
  • Inquiry: Major applications, complex cases, significant third-party interest, legal issues

You can request a particular procedure, but the Inspectorate has final say.

Before you appeal

Consider your chances

Not all refusals should be appealed. Consider:

  • Strength of reasons for refusal: Are they based on policy or subjective judgement?
  • Possibility of addressing concerns: Could a revised application succeed?
  • Cost and time: Appeals take months and cost money (professional fees, your time)
  • Consequences of losing: A dismissed appeal can make resubmission harder

Get professional advice

Consider engaging a planning consultant to assess your case. They can advise on:

  • Strength of your appeal grounds
  • Whether amendments might succeed without appeal
  • How to present your case effectively
  • Likely costs and timescales

Discuss with the LPA

Sometimes a conversation with the planning officer reveals that amendments would address their concerns. A negotiated approval is usually faster and cheaper than a successful appeal.

How to submit your appeal

Online submission (recommended)

Appeals should be submitted through the Planning Inspectorate's online appeals service (some appeal types still use the older Appeals Casework Portal - the Inspectorate's website directs you to the right service). You'll need:

  • Your planning application reference number
  • Copy of the decision notice (or evidence of non-determination)
  • Copy of your original application and all supporting documents
  • Your statement of case explaining why the decision was wrong
  • Any additional supporting evidence

Grounds of appeal

Your appeal must address the specific reasons for refusal. For each reason, explain why you believe the LPA's decision was incorrect, referring to:

  • Planning policy (local plan, NPPF)
  • Material planning considerations
  • Precedent from similar decisions
  • Technical evidence refuting the LPA's concerns

The appeal process

Written representations

  1. You submit your appeal (within deadline)
  2. LPA submits their questionnaire and statement
  3. You can submit a final statement responding to the LPA
  4. Inspector reviews documents and may visit the site
  5. Decision issued in writing

Timeline: Typically 3-6 months

Hearing

  1. Written statements exchanged as above
  2. Hearing date set (usually at LPA offices or village hall)
  3. Inspector leads discussion around key issues
  4. Site visit (before or after hearing)
  5. Decision issued in writing

Timeline: Typically 4-8 months

Inquiry

  1. Written statements and evidence exchanged
  2. Pre-inquiry meeting may be held for complex cases
  3. Inquiry held (can last days or weeks for major cases)
  4. Evidence presented, witnesses cross-examined
  5. Site visit
  6. Decision issued in writing

Timeline: Typically 6-12+ months

Costs

There is no fee to submit a planning appeal. However, you may incur costs for:

  • Planning consultant: £2,000-£10,000+ depending on complexity
  • Additional technical evidence: Specialist reports if needed
  • Legal representation: For inquiries, barristers may be engaged (£5,000-£50,000+)
  • Your time: Preparing the case, attending hearings

Awards of costs

In exceptional cases, the inspector can award costs against a party that has behaved unreasonably:

  • If the LPA refused without proper justification, you may recover your appeal costs
  • If you appealed an obviously acceptable refusal, the LPA may recover their costs

Cost awards are rare - most appeals end with each party bearing their own costs.

Step-by-step: Making your appeal

  1. 1

    Note your deadline

    Calculate your appeal deadline from the date of the decision notice. For most applications, this is 6 months. For householder appeals, it's 12 weeks. Missing the deadline means you cannot appeal.

  2. 2

    Assess whether to appeal

    Review the reasons for refusal objectively. Consult a planning professional if needed. Consider whether amendments and resubmission might be more effective than appeal.

  3. 3

    Prepare your statement of case

    Address each reason for refusal systematically. Explain why the decision was wrong, citing planning policy and evidence. Be factual and professional - avoid emotional arguments.

  4. 4

    Gather supporting evidence

    Compile all documents from your original application. Add any additional evidence that supports your case - comparable decisions, updated technical reports, letters of support.

  5. 5

    Submit through the Planning Inspectorate's online appeals service

    Create an account on the Planning Inspectorate's online appeals service. Upload all documents and complete the submission form. Keep confirmation of submission.

  6. 6

    Respond to the LPA's statement

    You'll receive the LPA's questionnaire and statement. Review carefully and submit a final statement responding to any new points raised.

  7. 7

    Prepare for site visit, hearing, or inquiry

    Ensure the site is accessible for the inspector's visit. If attending a hearing or inquiry, prepare thoroughly. Consider whether professional representation is worthwhile.

  8. 8

    Await and respond to the decision

    The inspector's decision is final unless there's a legal error (challengeable by statutory review under section 288 of the Town and Country Planning Act 1990 in the High Court, within 6 weeks and with the court's permission). If allowed, proceed with your development. If dismissed, consider your options.

Construction & Property Requirement

Developers: Appeals are a business decision

For SME developers, the decision to appeal should be commercial, not emotional:

  • Time cost: Appeals typically take 3-6 months minimum. Factor this into your cash flow and programme.
  • Success rates: Overall success rates are around 30-35%. Your specific case may be stronger or weaker.
  • Opportunity cost: Would resources be better spent on a different site?
  • Reputational factors: Building an adversarial relationship with an LPA can affect future applications.

Sometimes a strategic withdrawal and resubmission achieves a better outcome faster than winning an appeal.

GOV.UK appeal a planning decision (opens in a new tab)