What is a planning appeal?
A planning appeal allows an applicant to ask an independent Planning Inspector to reconsider a local planning authority’s decision, or its failure to make a decision within the required period. An appeal may challenge the refusal of planning permission, a condition imposed on a permission or the non-determination of an application. Most appeals are decided through written representations, although more complex cases may proceed by way of a hearing or public inquiry.
Who can make a planning appeal?
The right to appeal generally belongs to the person who made the planning application. A landowner, neighbour, objector or other interested party cannot appeal simply because they disagree with the grant of planning permission.
Interested parties may, however, participate in the appeal process where the applicable procedure allows it. They may also be able to challenge an appeal decision through the courts if they consider that it contains a legal error, but that is different from a planning appeal and does not provide an opportunity to reconsider the planning merits.
Most planning appeals are made under section 78 of the Town and Country Planning Act 1990. An applicant may appeal where:
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planning permission has been refused;
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permission has been granted subject to a condition the applicant considers unacceptable;
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the local planning authority has failed to determine the application within the applicable period;
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an application under section 73 to vary or remove a condition has been refused; or
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certain other planning approvals or consents have been refused or not determined.
Separate appeal provisions apply to matters such as listed building consent, advertisement consent, enforcement notices and lawful development certificates.
What does a Planning Inspector consider?
A planning appeal is not simply a review of whether the local planning authority acted reasonably. The Inspector considers the planning merits and reaches an independent decision.
The Inspector will assess the proposal against the development plan and any other material considerations. These may include national planning policy, emerging policy, relevant appeal decisions, technical evidence, the effect on neighbouring properties and the representations made by interested parties.
The Inspector may dismiss the appeal or allow it, usually subject to conditions where these are necessary. In a small number of particularly significant cases, the Secretary of State may recover the appeal and make the final decision after receiving an Inspector’s report.
An appeal is generally determined on the basis of the proposal considered by the local planning authority. It should not be assumed that an appellant can redesign the scheme or introduce substantial new evidence after an application has been refused. If material changes are required to overcome the reasons for refusal, a revised planning application may be more appropriate.
How long does an applicant have to appeal?
The appeal deadline depends on the type of application and the circumstances.
For most planning applications, the appeal must be received within six months of the date on the decision notice. The periods for householder and minor commercial appeals against refusal are generally shorter, at 12 weeks. Different periods apply to advertisement appeals and where related enforcement action has been taken.
A non-determination appeal must normally be made within six months of the date by which the local planning authority should have determined the application. An agreed extension of time can therefore affect when the right to appeal arises.
The applicable deadline should always be checked for the particular application. An appeal submitted late will not normally be accepted.
What is a non-determination appeal?
A non-determination appeal is made where a local planning authority has not decided an application within the statutory period or a longer period agreed in writing with the applicant. Instead of continuing to wait for the authority’s decision, the applicant asks the Planning Inspectorate to determine the application.
The usual determination periods are:
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eight weeks for most planning applications;
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13 weeks for major development; and
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16 weeks where an environmental impact assessment is required.
Different periods apply to certain specialist applications and approval procedures.
Once a valid non-determination appeal has been made, responsibility for determining the application generally transfers from the local planning authority to the Planning Inspectorate. The authority cannot then issue its own decision on the application.
How is a non-determination appeal decided?
Because the local planning authority has not issued a refusal notice, there are no formal reasons for refusal at the time the appeal is submitted. During the appeal, the authority will normally explain how it would have determined the application and identify any reasons it would have given for refusing permission. These are sometimes described as putative reasons for refusal.
The appellant must anticipate the matters likely to remain in dispute. This makes it important to understand the authority’s position before the appeal is lodged, including any unresolved concerns raised by planning officers, statutory consultees or members of the planning committee.
A non-determination appeal is not necessarily an assertion that the local planning authority would have refused the application. It may instead be used to bring delay to an end and establish a binding timetable and independent decision-making process.
When might a non-determination appeal be appropriate?
An appeal may be justified where negotiations have stalled, the authority is unable to identify a realistic committee date or repeated extensions of time are being requested without a clear route to determination.
The decision is strategic. Appealing too early may bring productive discussions with the authority to an end. Waiting indefinitely may create uncertainty for funding, land transactions, procurement and the delivery programme.
Before appealing, the applicant should assess whether the application documents already provide a complete case for permission. If essential technical matters remain unresolved, transferring the application to an Inspector may expose rather than solve those weaknesses.
What are written representations?
Written representations are the procedure through which a Planning Inspector determines an appeal primarily from the documents submitted by the parties. There is no hearing or public inquiry. The Inspector will usually visit the site, but the appeal is decided through written evidence rather than oral discussion or cross-examination.
This is normally the simplest procedure and is used for most planning appeals.
How did the written representations procedure change in April 2026?
For applications submitted on or after 1 April 2026, most appeals against refusal follow an expedited process known as the Part 1 written representations procedure.
Under this procedure, the Inspector generally considers the application material already before the local planning authority, the authority’s decision notice, officer report and committee minutes, the representations made at application stage and the information contained in the appeal form and appeal questionnaire.
There is ordinarily no separate statement of case from either the appellant or the local planning authority. Interested parties cannot submit new comments at the appeal stage, although their representations on the original application are passed to the Inspector.
The appellant cannot ordinarily introduce evidence that was not considered by the authority when it determined the application. Limited exceptions may be made where there has been a material change in circumstances, such as a relevant change in planning policy or an important court judgment.
This makes the quality and completeness of the original planning application more important. The application documents may ultimately need to perform two functions: supporting the application before the local planning authority and providing the principal evidential basis for a subsequent appeal.
Do all written representations appeals use the expedited procedure?
No. There are two forms of written representations procedure.
Non-determination appeals generally follow the Part 2 procedure rather than the expedited Part 1 procedure. Listed building consent appeals and certain other appeal types also follow Part 2 where they are dealt with through written representations.
Under Part 2, the parties have an opportunity to submit appeal representations in accordance with the timetable set by the Planning Inspectorate. Interested parties may also make representations during the appeal period.
The Planning Inspectorate determines the appropriate procedure. It may transfer a case from written representations to a hearing or inquiry where the issues require oral examination. It can also combine procedures so that different issues are considered in different ways.
What is a planning hearing?
A planning hearing is an appeal event conducted as a structured discussion led by a Planning Inspector. It is more interactive than written representations but less formal than a public inquiry.
The Inspector identifies the principal issues and leads a discussion involving the appellant, the local planning authority and, where permitted, interested parties. Participants may be represented by planning consultants, solicitors or barristers, but the procedure is intended to be inquisitorial rather than adversarial.
The Inspector asks questions to test the evidence and understand the parties’ positions. There is not normally formal cross-examination of witnesses.
When is a hearing appropriate?
A hearing may be suitable where the issues require oral discussion but the evidence is not so complex or contested that it needs to be formally tested through cross-examination.
This might include a case involving:
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several related planning issues that need to be explored together;
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matters on which clarification from the parties would assist the Inspector;
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a planning obligation containing provisions that require discussion;
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disputed judgments about character, design or local effects; or
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substantial public interest that can be addressed through a structured discussion.
The Planning Inspectorate makes the final decision about the procedure. The appellant and the local planning authority may express a preference, but neither has an automatic right to insist upon a hearing.
What is a planning inquiry?
A planning inquiry is the most formal procedure used to determine a planning appeal. It is held in public and allows disputed evidence to be examined through expert witnesses, formal advocacy and cross-examination.
Although an inquiry is not a court, it can operate in a similar way. The appellant and the local planning authority may be represented by barristers or solicitors. Expert witnesses usually prepare written proofs of evidence, present their conclusions and answer questions under cross-examination.
Other organisations or community groups may be granted Rule 6 status. A Rule 6 party becomes a formal participant and may submit evidence, call witnesses and take part in the inquiry alongside the appellant and local planning authority.
When is a planning inquiry appropriate?
An inquiry is usually reserved for cases involving complex or highly contested evidence that needs to be formally tested. Examples may include:
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major or strategically important development;
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substantial disagreement between technical experts;
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complex viability, housing, transport, heritage or environmental evidence;
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significant conflict with the development plan;
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extensive third-party involvement; or
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cases in which witness credibility or professional judgment needs to be examined through cross-examination.
An inquiry requires substantial preparation. The parties will normally need a statement of case, a statement of common ground, proofs of evidence, summaries of those proofs and an agreed core document library. A case management conference may be held to define the issues, witnesses and timetable before the inquiry opens.
The formality and cost of an inquiry mean that it should be requested only where it is proportionate to the matters in dispute. The Planning Inspectorate determines whether an inquiry is necessary.
What is the difference between written representations, a hearing and an inquiry?
Written representations are appropriate where the issues can be understood and decided from the documents. A hearing enables the Inspector to explore the issues through a structured discussion. An inquiry provides for the formal presentation and testing of evidence, normally including cross-examination.
The distinction is therefore not simply about the scale of the development. The central question is how the disputed evidence needs to be examined fairly and effectively.
Key points
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A planning appeal asks an independent Inspector to reconsider the planning merits of an application.
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Only the original applicant normally has the right to appeal against a planning decision.
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A non-determination appeal can be made when an authority fails to decide an application within the applicable period.
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Most appeals are determined through written representations.
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For applications submitted from 1 April 2026, most refusal appeals begin under an expedited procedure based principally on the original application material.
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Hearings allow structured oral discussion, while inquiries provide for the formal testing of evidence and cross-examination.
When should professional advice be sought?
Advice should be obtained before deciding whether to appeal, submit a revised application or continue negotiations with the local planning authority. The most appropriate strategy will depend on the reasons for refusal or delay, the strength of the existing application documents, the availability of further evidence and the effect of the appeal timetable on the wider development programme.
Updated 27 July 2026
Knowledge journey
Articles
Non-determination appeals become strategic explains why appealing against delay can provide greater certainty than repeatedly agreeing extensions of time with the local planning authority.
Deeper reading
The new discipline of appeal-ready planning explains why the planning case and evidence need to be assembled at application stage.
Principal authoritative sources
Planning Inspectorate procedural guide for applications submitted from 1 April 2026
Section 78 of the Town and Country Planning Act 1990