Decisions and appeals

Planning applications are assessed by a Planning Officer. Consideration is given to any views received from interested parties and any alterations required can be discussed with the applicant.

A recommendation is then made to grant or refuse planning permission.

What we consider

• how the proposal meets approved planning policies and other relevant considerations such as the local effect of the proposal.
• we also have to take into account current advice from the Government, previous planning decisions (including those made by the Government or Planning Inspectors) and pronouncements made on planning matters by judges and the Law Lords.

Affect on local amenities

The planning system does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases.

The basic planning question is not whether owners or occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities, which ought to be protected in the public interest.

The kind of things we might have to think about here would include:

• the appearance of an area or character of a street (this includes the design and materials of buildings and any landscaping)
• people's privacy within their homes
• the quality of the environment, including any noise and pollution impacts
• the safety of all road users, including pedestrians and cyclists
• employment and the local economy

Appeals

Applicants can appeal against a refusal of planning permission or against conditions applied to an application. Applicants can also appeal against non determination of a planning application if it remains undetermined after the target date.

Only applicants can lodge an appeal, there is no right of appeal for third parties.

Informing interested parties

Everyone who comments in writing on an application will be informed if it becomes subject to an appeal. They will also be given the chance to make further submissions during the course of the appeal.

The Planning Inspectorate recently announced that from 1 April 2024. People wanting to share their views on planning and enforcement appeals must submit their comments through the Appeals Casework Portal (ACP).

ACP provides several benefits to the interested party, the Planning Inspectorate and to Local Planning Authorities (LPAs) including: 

• certainty to the interested party that their comments have been received
• ensuring personal data, such as email addresses, are not included on the response – which reduces redaction requirements for councils when publishing public comments on their website
• simplifying back-office processes, making the task of handling representations more efficient

From 1 April, interested parties who try to make a comment via email will be directed to the ACP. 

The Planning Inspectorate will continue to make provision for those with accessibility needs. 
 

Time limit of appeals

All appeals must be submitted to the Planning Inspectorate.

There are different time limits to make an appeal depending on the type of application:

• Householder and minor commercial – 12 weeks
• Advertisement consent – 8 weeks
• All others – 6 months

The timescales run from the date on the decision notice.

Appeals are conducted by an impartial inspector, who is appointed by the Government.

During the course of an appeal, you can choose how you would like your appeal to be heard (by written representations, informal hearing or by public inquiry).