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.
When you can appeal
You can appeal against:
- the LPA refused your planning application
- permission was granted with conditions you consider unreasonable
- the LPA did not decide within the statutory period and you have not agreed an extension (non-determination)
You cannot appeal against a withdrawn application. You must resubmit and wait for a decision.
Types of appeal
There are three main appeal procedures, with different levels of formality:
Before you appeal
Consider your chances
Not all refusals should be appealed. Consider:
- Are the reasons for refusal based on policy or on subjective judgement?
- Could a revised application succeed instead?
- Can you afford the months an appeal takes and the professional fees and time it costs?
- 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
- You submit your appeal (within deadline)
- LPA submits their questionnaire and statement
- You can submit a final statement responding to the LPA
- Inspector reviews documents and may visit the site
- Decision issued in writing
This typically takes 3 to 6 months.
Hearing
- Written statements exchanged as above
- Hearing date set (usually at LPA offices or village hall)
- Inspector leads discussion around key issues
- Site visit (before or after hearing)
- Decision issued in writing
This typically takes 4 to 8 months.
Inquiry
- Written statements and evidence exchanged
- Pre-inquiry meeting may be held for complex cases
- Inquiry held (can last days or weeks for major cases)
- Evidence presented, witnesses cross-examined
- Site visit
- Decision issued in writing
This typically takes 6 to 12 months or more.
Make your appeal
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Legal basis
Primary legislation and key regulations
Read it on legislation.gov.uk (opens in a new tab) legislation.gov.uk