Should you appeal or resubmit?
Start with the decision notice and the officer’s report. If the refusal is about a fixable detail, such as the depth of an extension or the position of a window, a revised application can be quicker and is usually free within 12 months. If the council has misapplied policy, or the scheme is right as it is, an appeal may be the better route.
Deadlines
- Householder applications: 12 weeks from the date of the decision.
- Most other planning applications and listed building consent: 6 months.
- Enforcement notices: before the date the notice takes effect, usually at least 28 days after it is served.
Late appeals are not accepted, so don’t leave it to the last minute.
How it works
Appeals are made online to the Planning Inspectorate, which appoints an independent inspector. Householder appeals follow a fast written process based on the original application. Other appeals usually involve written statements from both sides and a site visit. Some go to a hearing or a public inquiry.
Making a strong case
The inspector looks at the scheme afresh. A strong appeal deals with each reason for refusal directly, using policy, evidence and comparable decisions, and recognises the scheme’s benefits. New issues can be raised, so don’t assume the refusal reasons are the only risks.
Costs
Each side normally pays its own costs, but the inspector can award costs if either party has behaved unreasonably, for example by refusing for reasons not supported by evidence.
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Sources
This article is general information about planning in England at the date shown. It is not advice on any particular site, and the law and policy may have changed since. Please speak to us before relying on it.