Planning appeal process.

You must file an appeal with the Planning Inspectorate within six months of receiving the refusal notice if you have submitted a different kind of planning application, such as permission to alter an existing building. You have six months from the end of the initial determination period to file an appeal if the council has not yet made a decision.

Appeals relating to Tree Preservation Orders and trees in conservation areas

Applications involving protected trees must be appealed to the Planning Inspectorate within 28 days of receiving the local council’s decision or, if the council has not yet made a decision, within 28 days of when the decision should have been received.

Once you have submitted your appeal the council will contact the relevant parties and inform them that an appeal has been made. This will include guidelines on how the appeal will be handled and a timeframe by which any further representations should be made.

The Inspectorate will re-evaluate your suggestion in light of how it aligns with regional and federal planning guidelines. Unless there is a solid reason not to, every appeal is decided on an individual basis in accordance with your council’s development plan. The complexity of the case before the Inspectorate will determine how long the appeal would take. Although you won’t be required to pay for the appeal, you will be need to cover your own fees.

How will your appeal be processed?

The majority of appeals are conducted in accordance with written declarations that you, the council, and any other interested parties have submitted. In order to get a complete picture of your appeal, the Inspectorate will also visit the location. You or the council may occasionally ask for a local public inquiry or an informal hearing into the appeal. Hearings are typically informal, with an open discussion facilitated by the Inspector once written responses are received.

What information will the appeal decision contain?

You will receive a decision notification from the Inspectorate when your appeal has been processed. The decision notice will summarise the key details of your request, list the pertinent concerns, and go into the arguments for and against it. The appeal will then be decided upon, along with an explanation of the inspector’s reasoning.

Please don’t hesitate to get in touch with us if you require any type of planning service by emailing [email protected].