Appeals to the Secretary of State
The applicant has the right to appeal to the Secretary of State if they feel that their application has been unreasonably refused, had conditions placed on an approval which they disagree with or the application has not been decided within the 8 week or 13 week time limit.
The process is administered by the Planning Inspectorate and details of the procedures are available on their website. Appeals must be made within 12 weeks for householder applications and six months for all other types of applications. The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. There is no right of appeal for third parties.
Advice before you make an appeal
Before making an appeal we would encourage you to contact the planning officer to see if your application can amended. You can amend your application and resubmit it, free of charge, within 12 months of the decision, provided the scheme is similar. You are only allowed one resubmission free of charge. You can also submit an application to amend a condition.
Appeals are usually time consuming and ideally should only be used as a last resort. You will receive notice of the Inspector’s decision in writing.
New appeals process for householder applications
From 6th April a new appeals service will be introduced for new householder applications submitted and valid from 6th April 2009. The time period for appeals against refused applications is reduced to 12 weeks from the date of decision and will be decided by written representation. Your decision notice will tell you how you can appeal either online www.planningportal.gov.uk/pcs or on a form from The Planning Inspectorate, Temple Quay House, 2 The Square, Bristol, BS1 6PN.
There will be no further opportunities for comments at the appeal stage. The Planning Inspectorate aim to make a decision within 8 weeks. Click here for further details about the new process Appeals
Leeds City Council is also taking part in a pilot project for householder appeals aimed a reducing the time to receive a decision. This is only available for applications valid before the 6th April 2009. Further details are available using the link Pilot project for householder appeals or by downloading the flyer from the right of the screen.
How do I make an appeal for a non householder application?
Your decision notice will tell you how you can appeal. Appeals can be submitted online at www.planning-inspectorate.gov.uk or using the planning casework service on the planning portal at www.planningportal.gov.uk/pcs or on a form which you can get from the The Planning Inspectorate, Temple Quay House, 2 The Square, Bristol BS1 6PN.
There are 3 ways in which an appeal can be dealt with:
Written representations– this is the quickest method. The appellant and the Council submit statements for consideration. There is a site visit, then the inspector issues a decision. About 80 % of appeals are dealt with by this method and the average time taken to decision is 19 weeks.
Informal hearing– there is a discussion of the issues by both the appellant and the Council which is led by the Planning Inspector. About 16% of appeals were dealt with in this way within the target of 30 weeks. The average time taken to decision was 36 weeks.
Public inquiries– this is the most lengthy, formal and expensive procedure as it normally involves professional representation and complex arguments and cross examinations.
What about those who have commented on an application?
Anyone who has commented on an application will be informed that an appeal has been made and a copy of their comments will be sent to the Inspector. They can make further comments (except on householder appeals)if they wish and ask to be sent a copy of the decision. If the appeal is heard by public inquiry or informal hearing, they will also be asked if they wish to attend.
How do I find out about appeals?
Public Access allows you to see if an appeal has be made and what the decision was using the planning application number or the site address. It is updated on a daily basis.