The Appeal

The Right of Appeal

PLANNING APPLICATIONS

You can appeal in the following circumstances:
1
If you applied to the Council for Planning Permission, and they:
(a)
(b)
(c)

(d)


(e)
refused permission;
gave permission but with conditions you think are inappropriate;
haven’t approved the details of a scheme which they or the Secretary of State have already given outline planning permission for;
refuse to approve any matter required by a condition on a previous planning permission
or
failed to give notice of their decision within the appropriate period (usually 8 weeks) on an application for permission
Who can Appeal?
Only the person who made the Planning Application has the right to appeal.

Time Limits

All appeal papers must be received by the Planning Inspectorate within six months of the Council’s decision notice or within six months of the end of the decision period if the Council haven’t made a decision.

If you are appealing against the refusal of a householder planning application, all papers must be sent to the Planning Inspectorate within 12 weeks of the date of decision.

If papers are not received within the time limit, and there are no exceptional reasons for this delay, the appeal will not be accepted.


ENFORCEMENT
If an Enforcement notice has been served on you, you can appeal against this notice. Any appeal must be received, or posted in time to be received, by the Secretary of State before the date specified in paragraph 6 of the notice (Enforcement Notice effective date).
Under section 174 of the Town and Country Planning Act 1990 (as amended) you may appeal on one or more of the following grounds:
  • (a) are that planning permission should be granted for what is alleged in the notice
  • (b) that the breach of control alleged in the enforcement notice has not occurred as a matter of fact
  • (c) that there has not been a breach of planning control
  • (d) that at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice
  • (e) the notice was not properly served on everyone with an interest in the land
  • (f) that the steps required to comply with the notice are excessive, and lesser steps would overcome the objections
  • (g) and that the time given to comply with the notice is too short

Not all of these grounds may be relevant to you.

If you decide to appeal, when you submit it, you should state in writing the ground(s) on which you are appealing against the enforcement notice and you should state briefly the facts on which you intend to rely in support of each of those grounds. If you do not do this when you make your appeal the Secretary of State will send you a notice requiring you to do so within 14 days.


LAWFUL DEVELOPMENT CERTIFICATE

There is no time limit to submit an appeal against the refusal of Lawful Development Certificate application.


Making an Appeal
Appeals can be submitted on-line at www.planningportal.gov.uk . You do NOT need to register with the Planning Portal to use the online appeals service.
If you wish to submit an appeal by post you must complete an official form which is available from the following location;

Customer Support Unit
The Planning Inspectorate
Room 3/15 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
Phone: 0117 372 6372
Email: [email protected]
Web: www.planningportal.gov.uk
Please note that you must send a copy of the appeal form along with any supporting evidence to:

Director of Environment and Neighbourhoods
Seaclose Offices
Fairlee Road
Newport
Isle of Wight
PO30 2QS

How much does it Cost?
You do not have to pay to make an appeal, but inevitably there will be some expense incurred by you.

Is anyone else involved & how will they find out about the appeal?
Any other people who have an interest in your appeal, for example, environmental groups or neighbours, are called ‘interested people’. They will be given the chance to tell the Planning Inspectorate what they think of your proposals.

The Council will be asked by the Planning Inspectorate tell the people who took part in the consultations when Planning Permission was first applied for that you have appealed. Their original views will be sent to the Inspectorate and to you.

If they would like to make further comments, they must write to the Inspectorate directly and copies will be sent to you and the Council. Both you and the Council will have the opportunity make comments on any additional correspondence.

Further information is available on the Planning Inspectorate’s Website.



Page last updated on: 03/10/2011