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The Right of Appeal

If an applicant is aggrieved by the decision of the Council to refuse planning permission, or to grant planning permission subject to conditions, he or she may appeal against the decision to the Department of Communities and Local Government (this is an external hyperlink). Details of how to appeal are included with the decision notice. An appeal may also be lodged if the Council has not made a decision within the period allowed for determining the application, usually eight weeks of the application being registered, but for major applications, thirteen weeks. Only applicants have the right of appeal against a decision of the Local Planning Authority and the appeal decision is final unless defective on a point of law. Applicants have similar rights in respect of related applications (e.g.: for listed building consent; works to protected trees; advertisement consent).

 

You may make an appeal, comment on one or follow the progress of appeals, online:

 

The procedure for lodging an appeal involves the completion of a form which is obtainable from the Planning-Inspectorate (this is an external hyperlink), from whom paper copies can be obtained (telephone 0117.372 6372).  You should return copies of the completed form to both the Planning Inspectorate and the Local Planning Authority that made the decision. An appeal must normally be lodged:

  • In relation to planning applications, listed building consent applications and the like, within six months of the date of the decision or of the date by which a decision should have been given in the case of an appeal against the Council failing to a make a decision within the time allowed;
  • In the case of an advertisement appeal, it should be lodged within eight weeks of the date of the decision or of the date by which a decision should have been given in the case of an appeal against the Council failing to a make a decision within the time allowed; and.
  • In the case of tree preservation applications, within 28 days of the decision or of the date by which a decision should have been given in the case of an appeal against the Council failing to a make a decision within the time allowed.

 

More information on appeals can be obtained by visiting the Planning-Inspectorate (this is an external hyperlink) website. 

 

Planning Enforcement

Where development has been undertaken without planning permission, or where conditions of a planning permission have not been complied with, the Council has the ability to serve an Enforcement Notice. This can:

  • require unauthorised structures to be demolished,
  • stop the unauthorised use of land or
  • prescribe other actions to put right any breach of planning control.

It is possible to appeal to the Secretary of State for the Environment against an Enforcement Notice and that notice will not come into effect until such an appeal is heard. The Council can also serve a Stop Notice to prevent further unauthorised development taking place. Failure to obey an Enforcement Notice can lead to prosecution and a fine. It is therefore wise to consult Planning at the Council (Regulatory Services, Development Control Division) before undertaking any development that may need permission.