Appeals to the Secretary of State.
If the applicant is aggrieved by the decision of the council to refuse permission or approval for the proposed development or to grant permission or approval subject to conditions, he/she may appeal to the Secretary of State in accordance with Section 78(1) of the Town and Country Planning Act 1990, within SIX (6) months of the date of the Decision Notice.
From 6th April 2009 a new appeals service was introduced for householder applications submitted and valid from 6th April 2009. The time period for appeals against refused applications is reduced to 12 weeks from the date of decision and will be decided by written representation.
Minor commercial appeals
From the 1st October 2013 If your decision is to refuse planning permission for a minor commercial appeal, if you want to appeal against your Local Authorities decision then you must do so within 12 weeks of the date of the decision notice.
From the 1st October 2013 if your decision is to refuse express consent for the display of an advertisement, if you want to appeal against your Local Authorities decision then you must do so within 8 weeks of the date of the decision notice.
The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
(There is no time limit for refusal of Certificate of Lawfulness of Existing Use or Development).
Tree preservation order appeals
There is a right to appeal to the Secretary of State in accordance with Section 78 of the Town and Country Planning Act 1990 following a decision to refuse consent or against the conditions of any approval following a planning application to undertake work to trees that are subject to a Tree Preservation Order. An appeal must be made within 28 days of the date of the Decision Notice. Further guidance on the right of appeal and the appeal process can be found in A Guide for Appellants (Tree Preservation Orders - consent for works).
Tree replacement notices
A person served a Tree Replacement Notice may appeal against the Notice to the Secretary of State in accordance with Section 208 of the Town and Country Planning Act 1990. An appeal must be made before the Tree Replacement Notice takes effect. This date will be specified in the Notice. Further guidance on the right of appeal, the grounds and the appeal process can be found in A Guide for Appellants (Tree Replacement Notices), which is available to download from the Planning Portal website.
Appeal against non-validation
Where the Local Planning Authority does not consider an application to be valid and notifies the applicant, the applicant now has the right to send notice to the Local Planning Authority setting out the reasons that he/she considers that the application meets the requirements as laid out in the Procedure Order (i.e. They consider it to be valid).
Following the receipt of the notice from the applicant the Local Planning Authority must notify the applicant by the end of the statutory time period for determining applications or during 7 working days if the notice is received within 7 working days of the end of the statutory time period:
- They no longer require the applicant to provide the particulars or evidence – a validation notice.
- The authority continues to require the applicant to provide the particulars or evidence – a non validation notice.
If the Local Planning Authority still considers the application to be invalid the applicant is able to appeal against non determination after the expiry of the relevant 8 or 13 week determination period.
Applications for discharge of planning conditions
Should you make an application to discharge your condition, and we refuse to discharge it based on your submission, you can also appeal against such a refusal, again within 6 months of the date of the decision.