Appeals to The First Secretary of State
If you want to make an appeal against a planning decision then you should contact the Planning Inspectorate at the address below:
The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN
Telephone number: 0303 444 5000
Website: Planning Inspectorate
Appeals can be made online at: https://acp.planninginspectorate.gov.uk
N.B. Appeals are intended as a last resort and they can take several months to decide. It is often quicker to discuss with the Council whether changes to your proposal would make it more acceptable.
Please note: Bath & North East Somerset Council implemented the Community Infrastructure Levy (CIL) on 6 April 2015. For developers this means is that any planning permissions granted after April 6th 2015 may be subject to CIL. Thus any successful appeal against a decision may therefore be liable for CIL (depending on the location and type of development proposed). Further information and guidance can be found on the website.
Planning Appeals are dealt with by the Planning Inspectorate, which is part of the Department for Communities and Local Government (DCLG).
If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. All Appeals must be submitted within a strict time limit from the date of the decision as listed below:
- Refusal of Householder planning applications - 12 weeks from the date of the decision notice.
- Refusal of Minor commercial development - 12 weeks from the date of the decision notice.
- Refusal of Advert Consent - 8 weeks from the date of the decision notice.
- All other application types - 6 months from the date of the decision notice.
If an Enforcement Notice has been served for the same or very similar development the time limit is reduced:
a) within 28 days from the date of the local planning authority’s decision if the enforcement notice was served before the decision was made yet not longer than 2 years before the application was made.
b) within 28 days from the date the enforcement notice was served if served on or after the date the decision was made (unless this extends the normal appeal period, e.g. 12 weeks or 6 months).
If your application is for minor commercial development and it was submitted on the 1 October 2013 or later you must appeal within 12 weeks of the date of the decision notice. For more information of the types of applications classed as minor commercial development please refer to Annexe B of the Procedural Guide Planning Appeals available on the GOV.UK website.
An appeal can also be made if the application has been granted with conditions that the applicant does not agree with or if the Local Planning Authority has not made a decision within a set time period.
An appeal can also be made against an enforcement notice that has been served in respect of unauthorised development.
Only the applicant or a person served with an enforcement notice can make an appeal and there is no right of appeal for third parties or interested organisations. However, anyone who has made written representations on an application, will be notified if the application becomes the subject of an appeal.
Any appeal, which is made to the Planning Inspectorate, can be dealt with in one of five ways:
- Householder Appeals (for Householder planning applications): This type of appeal proceeds by way of written representations, known as the "Householder Appeal Service". Third parties will not have the opportunity to make further representations to the Planning Inspectorate. A copy of the Notice to be completed with the Ownership Details on the Appeal Form can be found on the GOV.UK website.
- Minor commercial development: This type of appeal proceeds by way of written representations, known as the "Commercial Appeals Service". Third parties will not have the opportunity to make further representations to the Planning Inspectorate on these. Guidance can be found on the GOV.UK website.
- Written Representations: This is the most common method and involves written submissions from the person making the appeal (appellant) and the Local Planning Authority. Third parties can also make representations to the Planning Inspectorate.
- Hearing: This type of appeal involves an informal discussion of the issues, which is lead by the Planning Inspector following the submission of written submissions. Third parties can also make representations to the Planning Inspectorate.
- Public Inquiry: This is the most formal of the three appeal processes and is usually reserved for cases that are complex, controversial or require witnesses to be cross examined. The start of the procedure is much the same as the written representations or hearing but there are additional requirements. These include the submission of proofs of evidence, a statement of common ground and a requirement to publicise the inquiry. Third parties can also make representations to the Planning Inspectorate.
Guidance on the appeal process can also be found on the GOV.UK website.
Have your say on Appeals
Any comments made in respect of the original application for development will be forwarded to the Planning Inspectorate, and taken into account by the Inspector deciding the appeal. If you would like to comment on the appeal, you must send your comments to the The Planning Inspectorate within six weeks of the start date of the Appeal or they will not normally be seen by the Inspector and will be returned. (Please note - For appeals dealt with using the Householder Appeals or Minor Commercial Development Services you no longer have the opportunity to comment at appeal stage). For further information on your right to make further representations on appeals please see the GOV.UK website. Guidance on taking part in planning appeals can also be found listed on the right of this page.
Additional and more detailed information about making an appeal can found on the GOV.UK website.
For guidance on taking part in enforcement appeals follow the link and information can be found listed on the right of the page.
How to view a list of Appeals
You can view an up-to-date list of Appeals by clicking on the Online link underneath. Follow the below step-by-step instructions to search our computer database for Appeal information.
Online Appeal list (online database of planning applications)
Step-by-step instructions to search for Appeals:
Once you have selected this Online link...
- Choose 'Advanced Search'
- In 'Appeal Status' box, choose from the drop-down menu the search criteria, e.g. Appeals in Progress
- Click on 'Search' at the bottom of the page
- Once the application list is displayed, browse at your will and click on the one you want to view
- Once the details are displayed you will see the respective Appeal information towards the bottom of the screen, e.g. Appeal Type, Status.
- If you click on the 'Important Dates' option on the menu bar you can view the Appeal start date
Last updated: 15 October 2015