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Who decides?
Appeals are decided by Inspectors, who are completely unbiased and usually professionally qualified in Planning or a similar area, such as Law or Architecture. Inspectors are chosen carefully and trained thoroughly.

Inspectors will decide most appeals. But there are some appeals that the First Secretary of State will decide (for example, proposals that will affect more than just the local area).

In those cases, the Inspector will consider all the evidence and send a report with their recommendation to the First Secretary of State. The Secretary of State then considers whether to accept the Inspector’s recommendation, and issues a decision letter through the Office of the Deputy Prime Minister.

How is a decision made?
Around 73% of appeals are decided after written exchanges of information. This is the quickest method. The remaining 27% of appeals after a hearing or an inquiry.

Both you and the Council have the right to be heard by an Inspector. This will be in the form of a hearing or inquiry. The Planning Inspectorate will also decide if there should be an inquiry, for example if there is likely to be a lot of local interest or if the issues are likely to be complicated.

What is considered?
The Inspector can only consider things which are relevant to Planning, for example, the fact that a proposed new building may overlook someone’s garden or may need a new access that could have a harmful effect on road safety. Planning issues can be wide-ranging, but the Council’s reasons for refusing a Planning Application will usually apply.

What is the chance of being successful?
Inspectors allow about one third of appeals.

The chances of an appeal being successful depend on the merits of the proposals and how they fit in with Local and National Planning Policies. One important thing to consider is how the proposal fits in with the Development Plan for the area.

The Inspector will judge your appeal on its Planning merits. It is unlikely that your personal circumstances will outweigh any substantial planning considerations.

The Inspector’s decision
The Inspector will write to you with his or her decision. It will usually:
(a) briefly describe the proposals;
(b) identify the important planning issues; and
(c) explain why the Inspector has come to the decision.

A copy of the decision will be sent to the Council and anyone else who is entitled to a copy or who asked for one.