Planning Applications - Appeals
Information about making appeals against planning applications.
What can I appeal against?
You can appeal against:
- the refusal of planning permission or listed building/conservation area consent;
- any condition imposed on a permission/consent;
- failure to determine the application within eight weeks;
- the refusal of advertisement consent
- the refusal of an application for works to a protected tree
- an enforcement notice (before it takes effect)
Who do I appeal to?
Planning Casework Service
The Planning Casework Service is developed and managed by the Planning Inspectorate - the government agency that runs the appeals process in England and Wales.
The Planning Casework Service currently covers the following types of appeals in England:
- Access Restriction
- Conservation Area Consent
- Conservation Area Enforcement
- Crown Land Enforcement
- Enforcement
- Lawful Development Certificate
- Listed Building Consent
- Listed Building Enforcement
- Planning
Inspectors are independent and are appointed by the Secretary of State.
Appeal forms are available from the Planning Inspectorate
The Planning Inspectorate
Customer Support Unit
Room 3/15 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
Telephone: 0117 372 6372
Fax: 0117 372 8782
Email: enquiries@planning-inspectorate.gsi.gov.uk
Web: http://www.planning-inspectorate.gov.uk/
The Government Office West Midlands
The Government Office West Midlands deals with: Tree Appeals.
A Tree Preservation Order Appeal Form is available from the The Government Office West Midlands
Government Office for the West Midlands
5 St Philip's Place
Colmore Row
Birmingham
B3 2PW
Tel: 0121 352 5050
Email: enquiries.team@gowm.gsi.gov.uk
Web: www.go-wm.gov.uk/
Is there a time limit on submitting appeals?
Appeals against refusal of planning permission, listed building/conservation area consent or against conditions imposed on consent must be lodged within six months of the decision. Appeals concerning lack of determination within eight weeks must be lodged on the expiry of the eight-week period. Appeals against refusal of advertisement consent must be lodged within eight weeks of the decision. Appeals against the refusal of tree works must be submitted within 28 days of the decision.
Can I appeal against an application that has been granted permission?
No - only the applicant can appeal against a planning decision, so there are no appeal rights available to objectors if the council grants permission.
What happens at an appeal and how long does it take?
Appeals may be considered in one of three ways:
- at a Public Inquiry presided over by a Planning Inspector
- by an Informal Hearing, also heard in front of an Inspector, or
- by means of Written Representations which will be considered by a Planning Inspector through the exchange of written statements by the appellant and the council.
Most are handled in writing and take about 18 weeks to determine. When determined by an informal hearing before an Inspector the appeal takes up to 24 weeks. Public Inquiries take about 40 weeks.
Is an appeal likely to succeed?
Appeals are dealt with purely on their merits. About one third of the appeals for business development are successful.
The Secretary of State's decision is final, unless it is challenged on a point of law, in which case the matter may be taken to the High Court (by either the appellant or the council).
How much will an appeal cost?
There is no charge for making an appeal but you will inevitably incur some expenses in presenting your case. The cost involved will depend on the procedure to be followed and on the complexity of the case.
In an inquiry or hearing, the council, or other people involved in the appeal, may apply for costs against one of the other parties for "unreasonable" behaviour, for example, failure to submit documents or attend a meeting. It would have to be shown that unnecessary costs had been incurred as a result of this behaviour.
Further information
For further information go to http://www.planning-inspectorate.gov.uk/
Current and past appeals
You can search for current and past development control appeals.
Contact Details
Planning Services are committed to providing an efficient and accurate service to members of the public via the Internet. If you feel essential content is missing from our online service, please contact us using the link below or alternatively contact our office on: -
Telephone: 0121 704 6373.
Fax: 0121 704 6592
Email: developmentcontrol@solihull.gov.uk
You can also write to us at: -
Planning Services
PO Box11652
Solihull
West Midlands
B91 9YA
You can also use the Contact Development Control Form