Should I appeal?
When can I appeal?
How long do I have to appeal?
Submitting the appeal
What is the appeal process?
Should I Appeal?
If an application is refused you have a right of appeal through the Planning Inspectorate. However we would recommend that you contact the authority prior to lodging your appeal. Some issues can be resolved through minor alterations to proposals.
If you change your proposal and apply again within one year of the refusal you won’t have to pay another fee.
When can I appeal?
You can appeal in the following circumstances:
- If you are refused permission.
- If you consider the conditions imposed on a permission to be inappropriate.
- If we have failed to approve details of a scheme which has already received outline planning permission.
- If in approving details of a scheme we have imposed conditions that you consider to be inappropriate.
- If we have failed to determine your application within the time allowed for the type of application.
- If we have asked for additional information that we consider necessary to determine an outline application but that you consider to be unnecessary.
- If we refuse to accept a proposal for discharging conditions on a development.
How long do I have to appeal?
Appeal details (including all associated appeal documentation) must be received by the Planning Inspectorate within six months of the date of decision issue from the authority.
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Submitting the appeal
The appeal can only be submitted by or on behalf of the original applicant.
Forms are available from : 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
Website
All appeals will need to detail relevant grounds and reasons why you disagree with the decision of the local authority. You will also be asked how you wish to proceed with the appeal. There are three approaches which can be taken written representations, a hearing or via a public inquiry. Which option you request will depend on the nature and scale of the development. However most appeals are determined using written representations.
When you submit your appeal to the Planning Inspectorate you must also send a copy to the authority along with copies of any documentation.
The following documents need to be included with the appeal form:
- Appeal certificate indicating who owns the land on which development was to be carried out;
- A copy of your original application to the authority.
- A copy of the certificate of ownership stating who owned the land that you sent with the original planning application;
- Copies of all relevant documents, drawings and plans which were part of the original planning application.
- Copies of all relevant letters.
- Where applicable, a copy of the authority’s decision notice.
- A location plan.
- In the case of appealing against non approval of details, a copy of the original application for outline planning permission, the plan and the outline permission itself need to be included.
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What is the appeals process?
Within two weeks of the starting date, we will send you and the Planning Inspector a completed questionnaire. We will also inform consultees and those who objected to the original proposal that an appeal has been submitted.
Within six weeks from the starting date, you can submit an additional statement in response to the questionnaire received by the authority. We as the planning authority will also have the opportunity to present our case.
Within nine weeks from the starting date, you and the authority can submit any comments on each other's statement and on comments from interested people.
For appeals decided by the written procedure, decisions normally be made within five weeks of the inspectors site visit. Hearings, will normally be decided within seven weeks of the date of the hearing and inquiries within seven weeks of the close of the inquiry. If the Secretary of State is making the decision, it may take longer.
For further information please refer to the Planning Inspectorate website.