Planning Appeal Journey
The process for appealing a refused planning permission application to the Planning Inspectorate, from submission of the appeal to final decision and costs.
Who Uses This Journey
Property owners, developers, and architects whose planning application has been refused by a local planning authority (LPA), or who object to conditions attached to a grant, or where the LPA has failed to determine the application in time.
Stage-by-Stage Timeline
Review Refusal Notice
Read the LPA's decision notice carefully. It must set out the reasons for refusal. Assess: whether the reasons are valid in planning law, whether they are likely to be sustained at appeal, what evidence would be needed to overcome each reason, and whether it is worth appealing. Consider getting planning consultancy or legal advice.
- LPA decision notice with stated reasons for refusal
- The planning application and supporting documents
- The development plan policies relied on by the LPA
- Any committee report or officer's report
- Appealing without understanding the planning policy reasons for refusal
- Not considering whether a revised application might be granted instead
- Not requesting a 'pre-application' meeting with the LPA before appealing
Check the Appeal Deadline
Planning appeals must be submitted to the Planning Inspectorate within 6 months of the LPA's decision date (12 weeks for householder applications). If the LPA fails to determine in time (8 weeks for most applications; 13 weeks for major applications; 16 weeks for EIA development), an 'appeal against non-determination' can be submitted.
- Missing the 6-month deadline — it cannot be extended and a fresh application must be submitted
- Not noting the correct deadline date from the decision notice
Choose Appeal Procedure
Planning Inspectorate offers three main procedures: (1) Written Representations (most appeals, simple cases), (2) Hearing (more complex; with questions from the Inspector), (3) Inquiry (major/complex cases; like a court with witnesses and legal advocates). The Inspectorate may re-allocate the procedure.
- Written representations — fastest, cheapest
- Hearing — intermediate
- Public Local Inquiry — most formal, highest cost
- Choosing Written Representations for complex cases where the Inspector will have many questions
- Not consulting the LPA on which procedure is most appropriate
Submit Appeal to Planning Inspectorate
Submit the appeal online via the Planning Portal or by post. The appeal form requires: the application reference, decision date, reasons for appeal (grounds), and the appeal procedure requested. Attach: the application, the decision notice, and the appeal statement. No fee to submit an appeal.
- Completed appeal form
- Original planning application and supporting documents
- LPA decision notice
- Appeal statement (grounds of appeal)
- Site plan
- Not providing all required documents — appeal will not be validated
- Vague grounds of appeal — must address each reason for refusal
LPA Response and Exchange of Statements
The LPA is asked to provide their full appeal questionnaire and statement defending the refusal, referencing development plan policies. Both parties exchange their full written evidence (appeal statement, LPA statement, and any third-party representations). Neighbours and interested parties can submit comments.
- Full appeal statement addressing each reason for refusal
- Design and access statement
- Supporting technical evidence (transport assessment, ecology, flood risk if relevant)
- Response to LPA's evidence
- Not responding to the LPA's evidence within the deadline
- Not addressing local development plan policies — this is central to the appeal
Site Visit
The Inspector usually visits the site to understand the context. For Written Representations, this is typically an unaccompanied visit. For Hearing or Inquiry, parties attend the site visit. The Inspector looks at the impacts described in the statements.
- Not pointing out the specific views and features mentioned in the evidence during an accompanied site visit
- Site not accessible to the Inspector — ensure access is arranged
Inspector's Decision
The Inspector issues a written decision letter setting out: whether the appeal is allowed or dismissed, findings on each ground of appeal and planning policy, and any conditions if the appeal is allowed. The decision is issued on behalf of the Secretary of State (for most appeals).
- Appeal allowed — planning permission granted (with or without conditions)
- Appeal dismissed — original refusal upheld
- Costs awarded against a party for unreasonable behaviour
- Appeal allowed in part — some conditions removed
- Assuming an allowed appeal means you can start building immediately — check conditions precedent
- Not reading the conditions carefully — some must be discharged before development starts
Costs Application
Either party can apply for an award of costs against the other if they have behaved unreasonably — causing unnecessary or wasted expense. Apply using Form APAS or APAD at the time of the appeal. Unreasonable behaviour includes: failure to comply with the timetable, raising new grounds at a late stage, or maintaining an appeal with no reasonable prospect of success.
- Costs awarded against LPA — appellant's costs paid by LPA
- Costs awarded against appellant — LPA's costs paid by appellant
- Partial costs award
- No costs — neither party behaved unreasonably
- Not applying for costs at the same time as the appeal — you cannot apply after the decision
- Applying for costs without being able to show specific unreasonable conduct
Challenge Decision in Court (if needed)
The Inspector's decision can only be challenged in the High Court under TCPA 1990 s.288 (on grounds of legal error) or by judicial review. The challenge must be brought within 6 weeks of the decision. This is a legal challenge only — new factual evidence cannot be introduced.
- Missing the 6-week challenge period — cannot be extended
- Challenging the merits of the decision rather than a legal error