There is a right of appeal against most Local Planning Authority decisions in regards to:

• Advertisement consent
• Listed Building consent.
• Tree Preservation Orders
• High Hedges
• Prior Approval of Permitted Development Rights
• Lawful Development Certificates
• Enforcement Notice

Before lodging an appeal with the Planning Inspectorate, applicants should consider the merits of the case and whether there are strong grounds to contest the decisions issued by the Local Planning Authority.

Parties who pursue an appeal without unreasonable grounds of appeal may have an award of costs made against them.

Yes, however applicants should first consider engaging with the Local Planning Authority to determine when a decision might be decided before lodging an appeal.

The majority of appeals are determined by the Planning Inspectorate on behalf of the Secretary of State.

Appeal decisions are determined on the same basis as the original application through assessment of national and local policies as well as broader circumstances taking place at the time.

The procedure of an appeal will depend on the complexity of the planning merits to be decided. 

There is no right of appeal except by the original applicant where they are appealing against a condition.

A decision issued by the Planning Inspectorate may only be challenged through the courts on specific statutory grounds. Proceedings much be bought within 6 weeks.

There are opportunities for interested parties to comment and/or make objections on the majority of appeals. The Local Planning Authority will advise interested parties when an appeal has received a start date and the deadline for representative comments where applicable.

An Award of Costs is an order which orders one party to pay the costs of the other party which have been incurred during the process of the appeal. The decision will state whether this is to be provided in full or in part. The costs order will state broad extent of the expenses the party can recover and does not determine the actual amount.

During the appeals procedure, all parties are expected to behave reasonably to support and efficient and timely appeals process.

The aim of the costs order is as follows:

• Encourage all parties to behave in a reasonable manner and follow good practice in times of timeliness and presentation.
• Encourage the Local Planning Authority to exercise their development management responsibilities and to rely on reasons for refusal based on planning merits and avoid delays.
• Discourage unnecessary appeals.