Most planning appeals are made because the local planning authority (LPA) has refused planning permission. Only the person who made the planning application has the right to appeal. For more information see: what is a planning appeal?
Appeals are generally made to the Planning Inspectorate, an independent government agency set up to deal with planning appeals and related matters. They are dealt with in one of three ways:
- Written representations – where the parties involved exchange written statements for the planning inspector to consider.
- A hearing – where the merits of the appeal are discussed in front of the planning inspector; or
- A public inquiry – where evidence is formally presented in front of an inspector. Members of public can speak at hearings and inquiries. For more information see: what is the appeal process?
Appeals can also be lodged in other circumstances, such as where a decision is not made within the relevant time frame (except where an applicant has agreed a longer period in writing), or where an enforcement notice has been served. Depending on the type of appeal, different time limits will apply. For more information see: what are the different types of appeal and how long do I have to appeal?.
Judicial review
If a person making an appeal isn’t happy with their decision, and that person feels aggrieved by the Inspector’s decision, they have the right to challenge the decision by making a claim for Judicial Review through a court.
Appeals by third parties (which could be an individual or group) can only be made to the court, by applying for a Judicial Review. A Judicial Review can only look at whether the local authority’s decision was made incorrectly. For example, if it can be proved that they didn’t follow the correct procedure, or didn’t consider things that they are legally obliged to consider. Judicial Review is generally a costly business, so anyone considering it should get advice first. For more information see: Judicial Review
Formal complaint / Local Government Ombudsman
It is also possible to complain about how a decision was made to the Local Government Ombudsman who will investigate if the decision was fair and if there was maladministration. However, it cannot overturn a planning decision. Before taking a complaint to the Local Government Ombudsman the complainant needs to have exhausted the local authority’s internal complaints procedure. For more information see: Formal Complaint/Local Government Ombudsman.
Need more information?
If you need more detailed guidance on any area covered in this guide, please browse our advice pages. Our Jargon Buster contains a glossary of common terms used in planning.
If, having looked at our advice website, you still need help, you can access our email advice service via the ‘submit a request button’. This service offers a limited amount of free, general planning advice by email. It is delivered by a panel of volunteer planning advisors, all of whom are Chartered Town Planners.