How to Appeal Planning Permission

If your planning application has been refused or granted with conditions you disagree with, you have the right to appeal the decision in the UK. Planning appeals are an essential part of the development process and offer a second chance to secure approval. Whether you are a homeowner seeking a house extension, a developer building new homes, or a business applying for a change of use, understanding how to appeal planning permission can help you navigate setbacks and keep your project on track.

The appeal process can be technical and time-consuming, but in many cases, it results in a reversal or modification of the original decision. Knowing when to appeal, how the system works, and what makes an appeal successful is crucial for anyone dealing with the planning system.

When Can You Appeal?

You can appeal a planning decision if your application has been refused, granted with conditions you find unacceptable, or if the local authority has not made a decision within the statutory timeframe. In England, the time limit for submitting an appeal depends on the type of application.

For householder applications, such as home extensions or garden buildings, you must appeal within 12 weeks of the decision notice. For most other planning applications, such as new dwellings, commercial developments or change of use proposals, the deadline is 6 months from the date of the decision. If the local authority fails to issue a decision within 8 weeks (or 13 weeks for major applications), you may appeal on the grounds of non-determination.

If you are appealing against planning conditions attached to an approval, you must do so within the same time limit. These deadlines are strict, and late appeals will not be accepted under any circumstances.

Who Can Appeal?

Only the original applicant has the right to appeal. If you are an affected neighbour or member of the public who objected to the application, you cannot appeal a decision to approve. However, you can submit further comments during an appeal if it is being reviewed by the Planning Inspectorate.

If a local planning authority issues an enforcement notice, you can also appeal against that. The process is similar but follows different rules and timelines depending on the type of breach.

How to Submit an Appeal

Planning appeals in England are handled by the Planning Inspectorate, an independent body that reviews decisions made by local authorities. Appeals must be submitted online via the Planning Inspectorate’s website. You will need your decision notice, a copy of the original application and drawings, and any supporting documents used during the initial process.

You must also submit a grounds of appeal statement. This is your opportunity to explain why you believe the decision was wrong. Focus on relevant planning policies, material considerations, and any factual errors or misinterpretations made by the council. You may also provide updated plans or additional evidence, but your appeal must remain broadly within the scope of the original application.

There are three types of appeal procedure:

The written representations route is the most common and suitable for straightforward cases. Both you and the council submit statements, and a planning inspector makes a decision based on written material.

The hearing route is more interactive, involving a roundtable discussion with a planning inspector, the council, and sometimes third parties. It is suitable for more complex applications.

The public inquiry is a formal legal process involving cross-examination and legal representation. This is usually reserved for large-scale or controversial developments.

How Long Does an Appeal Take?

Timescales vary depending on the method chosen and the Planning Inspectorate’s current workload. For householder applications decided under the written representations process, appeals are typically determined within 10 to 12 weeks. More complex appeals, such as those involving hearings or inquiries, can take 6 to 12 months or more.

The appeal process includes an opportunity for the local authority and any interested third parties to respond to your statement. The inspector will usually carry out a site visit, either unaccompanied or with representatives from both parties present. After reviewing all information, the inspector will issue a decision letter setting out the outcome and the reasons behind it.

What Can the Inspector Decide?

The planning inspector can uphold the council’s decision, overturn it, or modify it. If your appeal is successful, planning permission is granted either as originally submitted or with revised conditions. If the appeal is dismissed, the refusal stands, and you will need to submit a new planning application if you want to try again.

Appeal decisions are final unless you challenge them in the High Court through a judicial review. This is not a re-run of the planning merits, but a legal process to assess whether the inspector acted lawfully. It is rare, complex, and expensive, so legal advice is essential.

Tips for a Successful Appeal

Read the decision notice carefully to understand why the council refused your application. Focus your appeal statement on addressing those points clearly and with reference to planning policy. If your design was refused on visual grounds, provide updated drawings or design statements that demonstrate how the proposal meets policy objectives.

Engaging a professional, such as a planning consultant or architect, can strengthen your case. They will be familiar with appeal procedures, local policies, and how to present your argument effectively.

Avoid simply resubmitting your original application with no changes or explanation. Use the appeal process as a chance to improve your proposal and show that it meets the relevant planning objectives.

Submit your appeal as early as possible. This avoids delays and ensures you remain within the strict time limits. Also, check that all your documents are complete and clearly labelled to help the inspector navigate your case easily.

Real-World Example

A homeowner in Leeds applied for a loft conversion with a rear dormer. The council refused it, citing the impact on neighbour privacy and the visual character of the area. The homeowner appealed, submitting new drawings with a smaller dormer, obscure-glazed windows, and a revised roofline. In their decision, the inspector found that the amended design overcame the original concerns and allowed the appeal. This shows how careful revisions and a focused appeal statement can change the outcome.

Conclusion

Appealing a planning decision gives you a second chance to secure permission for your development. By understanding the reasons for refusal, preparing a strong statement, and following the correct process, you can present a compelling case to the Planning Inspectorate. While not every appeal succeeds, many do especially when supported by clear planning arguments and professional guidance. If your project is important to you, an appeal may be the right step to take.