The Planning System can be tricky, and, in some cases, there may be a requirement to go to appeal to the Planning Inspectorate but what is the appeal system? In this article we set out what the appeal system is and how, in basic terms, in can work depending on the circumstances of a case.
The Appeal System provides a formal mechanism for individuals and developers to challenge decisions (or lack of decisions as outlined below) made by Local Planning Authorities (LPAs) concerning planning applications. The system is administered by the Planning Inspectorate—an executive agency of the Department for Levelling Up, Housing and Communities—the system plays an important role in balancing development needs with environmental protection, community interests, and national planning policy.
Planning appeals are primarily a safeguard for applicants whose planning applications have been refused, granted with conditions they find unacceptable, or have not been determined within a statutory time frame (usually eight weeks for minor applications or thirteen weeks for major applications). The system allows for an independent review of the LPA’s decision to ensure it was made fairly and in accordance with planning law and policy.
So, who can submit an appeal? Only the person who made the original application (the applicant) has the right to appeal. Third parties, such as neighbours or community groups who objected to a development, do not have the right to appeal a decision to grant permission, although they can participate in the appeal process if one is lodged. The timescales for lodging a valid application will vary according to the type of application and the circumstances under which an appeal is to be lodged.
Common grounds for appeal can include disagreement with the LPA’s refusal of permission, objections to planning conditions attached to a permission, failure by the LPA to issue a decision within the statutory timeframe and enforcement notices issued by the LPA, which are used to tackle breaches of planning control.
There are three primary procedures for planning appeals in England:
Written Representations: The most common and quickest route, involving a paper-based exchange of evidence between the appellant, the LPA, and any third parties. A Planning Inspector considers the documents and undertakes a site visit before making a decision;
Hearings: A more informal oral process where both sides can present their case in person. Hearings are often used when there are technical or detailed issues that require discussion but do not warrant a full public inquiry;
Public Inquiries: The most formal procedure, akin to a courtroom type setting, often involving legal representation, expert witnesses, and cross-examination. Inquiries are used for complex or controversial cases, such as large housing developments or those with significant public interest.
The Planning Inspectorate decides which procedure is appropriate based on the complexity of the case and representations from the appellant and the LPA. A Planning Inspector appointed by the Planning Inspectorate considers the appeal. An Inspector will review the case documents, undertake a site visit, and assess the proposal in light of national and local planning policy. The Inspector must consider the development plan for the area (usually the Local Plan), the National Planning Policy Framework (the Framework – 2024 at time of writing), and any material considerations. Appeals are an evidence-based assessment. For some major developments or those with national significance, the Secretary of State may “recover” the appeal, meaning they make the final decision rather than the Inspector.
Appeals can take several weeks to several months depending on its complexity and the chosen procedure. Written representation cases typically take around 29 weeks (average for S78 appeals (March 2025 summary) (18 weeks average for householder appeals)), while public inquiries may take much longer. Enforcement cases, in our experience, take much longer with many cases taking over a year to progress through the system.
There are three possible outcomes to a planning appeal which are:
Appeal Allowed: Planning permission is granted, possibly with revised or additional conditions;
Appeal Dismissed: The Inspector upholds the LPA’s decision, and planning permission is not granted;
Partial Success: The Inspector may allow some aspects of the development and reject others, or vary conditions attached to permission.
Each party generally bears its own costs, although costs can be awarded if one side is found to have behaved unreasonably and caused unnecessary expense to the other. This is relatively rare and generally requires a formal application by one party with the other party being given the opportunity to respond to the other sides claim.
Appeals can be time-consuming and delay development, but they also serve as an important check on local authority decisions. Successful appeals can help clarify planning policies and influence future decisions in some cases. Recent years have seen increasing use of digital tools in the appeals process, including online submissions and virtual hearings, aimed at increasing transparency and efficiency. Additionally, the government has proposed reforms to streamline planning and improve decision-making consistency, although these remain subject to ongoing consultation and legislative change.
The appeal system is an important part of the planning system, offering a route for applicants to challenge local authority decisions while upholding the principles of fairness, transparency, and policy-led decision making as are the key elements for the Planning Inspectorate’s conduct. The system seeks to ensure that planning decisions can be reviewed independently.
We have a strong record of appeals being allowed and extensive experience within the appeal system. If you have a proposal which may need to go to an appeal and need an honest consideration as to whether or not the proposal is suitable for such a route, and how this can be done, get in touch and we would be more than happy to help.