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Planning appeals

If you seek permission to carry out works to your property and your application isn't decided within a set period, or you get a decision from your local council that you disagree with, you have a right to appeal.

Appeals

Planning Inspectorate

The Planning Inspectorate is the agency that deals with appeals in England and Wales. If an application is refused or conditions imposed, the applicant may appeal to the Inspectorate using a form which may be obtained from their website. Appeal forms can be obtained from the address shown further down this page.

(Please note that there are currently no rights of appeal for neighbours, Parish Councils etc.)

The bulk of the work of the Planning Inspectorate is:

  • processing and deciding planning and enforcement appeals
  • holding inquiries into local development plans 

The Planning Inspectorate also deals with a wide variety of other planning related casework including:

  • listed building consent appeals
  • advertisement appeals
  • reporting on planning applications called in for decision by the Office of the Deputy Prime Minister
  • various compulsory purchase orders
  • rights of way cases
  • cases arising from the Environmental Protection and Water Acts
  • cases arising from the Transport and Works Act and other Highways legislation
  • process applications for awards of costs which may arise from any of the above

How To Appeal

Householder Applications

You must appeal within 12 weeks of the date of the decision notice (guidance document at the bottom of the page).

Other Applications

You must appeal within six months of the date of your decision notice for planning, listed building consent and conservation area consent appeals, or within eight weeks for an advertisement appeal.  For further information on how to appeal please view the guidance documents at the bottom of the page.

There is no fee for an appeal, although you will have to pay for any outside professional help. You can of course handle the appeal yourself.  You need to make your appeal to:

Planning Inspectorate
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
Telephone 0117 372 8000

Appeal forms can be obtained from the above address. Alternatively appeal forms, together with further information, can be obtained from the following links:

Planning Casework System

The Planning Casework Service (PCS) is an online system for submitting, tracking and searching for certain kinds of appeals online. The PCS has been developed and is managed by the Planning Inspectorate.

What Happens To An Appeal

If you appeal, an Inspector will be appointed to decide whether or not the Local Planning Authority have given you a fair decision.
Your appeal will be dealt with by;

  • Written Representations; or
  • Informal Hearing; or
  • Local Public Inquiry.

An Inspector will be appointed to deal with your appeal.
Most appeals are dealt with by Written Representations through an exchange of written statements, which involves:

  • Explaining in writing why you feel your appeal should be allowed and why you disagree with the Council's decision.
  • Replying to the Council's written statement if necessary.
  • Attending a site visit with the Inspector if necessary.

The Planning Inspectorate can provide you with all the information and help that you need.  Please note your appeal is not confidential; anyone can look at what you have to say. The Inspectorate aim to deal with the majority of Written Representation appeals within 16 weeks. If you choose to have a Public Inquiry or an Informal Hearing, the appeal will take longer to determine. The Planning Officer who dealt with your application can also give you any help and advice that you need.



Contact details

South Derbyshire District Council
Planning Services
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Tel: 01283 228706
Online: contact form
email: planning@south-derbys.gov.uk

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