Appeals can be made against various decisions of a local planning authority and the Secretary of State. But should you appeal, or is there a more appropriate solution?
Appeals generally raise a number of issues:
- What decisions can be appealed?
- Who can appeal?
- What are the time limits?
- Does an appeal have a good prospect of success?
- how an appeal can be started
- preparing for an appeal
- gathering evidence and
- the mode of appeal (i.e. whether the appeal is dealt with via written representations, a hearing or an inquiry).
The Secretary of State, through the Planning Inspectorate, has the ultimate authority to determine how an appeal is processed.
Timing of withdrawal of an appeal may have implications for costs. Decisions may not be limited to the issues raised by the appellant, and the bases on which an appeal decision can be challenged in the courts are narrow and confined to points of law.
The procedures described in this section cover the majority of appeals with which practitioners are concerned, but exclude, for example, nationally significant infrastructure projects.
Information on enforcement of appeals is contained in a separate section: Planning enforcement.