Appealing a Planning Refusal
If a local planning authority (LPA) refuses your application or fails to decide within the statutory period (8 weeks for householder applications, 13 weeks for major applications), you can appeal to the Planning Inspectorate (PINS). Appeals are decided by planning inspectors — independent officials appointed by the Secretary of State.
The most common procedure — both parties submit written statements. The inspector decides on the papers. Suitable for smaller householder or minor development appeals.
An informal discussion led by the inspector. Both parties present their case. Suitable for medium complexity appeals where evidence can be tested without formal examination.
A formal, adversarial hearing with cross-examination of witnesses. Used for major or controversial applications. Solicitors and barristers typically represent parties. Costs awards are possible against parties who behave unreasonably.
Appeals must be submitted within 6 months of the LPA's decision for most applications (12 weeks for householder appeals). Written representations are usually decided within 24 weeks; inquiries can take considerably longer.
Planning Enforcement Notices
A planning enforcement notice requires you to stop a breach of planning control — for example, to demolish an unauthorised extension or cease an unlawful use. Receiving an enforcement notice is serious but it is not an immediate order to comply — you have a right of appeal.
- 28 days to appeal from service of the notice (the notice does not take effect while the appeal is pending)
- Appeal grounds include: that planning permission should be granted; that no breach has occurred; that the time limit for enforcement has expired (4 years for building works/change of use to dwellinghouse, 10 years for other changes of use); or that the notice is procedurally defective
- Breach of an enforcement notice that has taken effect is a criminal offence — fines are unlimited in the Crown Court
- A Breach of Condition Notice (BCN) and a Planning Contravention Notice (PCN) are preliminary enforcement tools — they do not have the same right of appeal but may escalate to an enforcement notice
Listed Buildings & Tree Preservation Orders
Carrying out works to a listed building that affect its character as a building of special architectural or historic interest, without listed building consent (LBC), is a criminal offence. There is no time limit for prosecution. LBC is required for external and internal works to all grades of listed building. Unauthorised works can result in mandatory enforcement notices requiring reinstatement.
Felling, uprooting, or carrying out works to a TPO tree without the LPA's consent is a criminal offence (unlimited fine). Applications for consent to carry out works are made to the LPA. Where consent is refused, there is a right of appeal to the Planning Inspectorate.
In a conservation area, six weeks' prior notification must be given to the LPA before felling any tree with a trunk diameter over 75mm. The council can make a TPO within those six weeks to protect the tree. Carrying out works without notification is a criminal offence.
Where a planning authority or the Planning Inspectorate makes an unlawful decision — due to procedural error, failure to consider material considerations, or misapplication of planning policy — judicial review can quash the decision. A claim must be filed within 6 weeks of the decision (planning cases have a shorter JR deadline than the usual 3 months).
Planning Appeal — Step by Step
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1
Review the refusal reasons
The LPA must give reasons for refusal. Your solicitor reviews whether the reasons are lawful under the applicable development plan policies and the National Planning Policy Framework (NPPF). A weak refusal reason strengthens your appeal.
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2
Submit the appeal
Appeals are submitted online via the Planning Inspectorate's portal (using form APP1 or the online appeal service). The correct procedure (written representations, hearing, or inquiry) must be selected. The LPA, statutory consultees, and interested parties are notified.
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3
Evidence preparation
Your solicitor and/or planning consultant prepares the appeal statement, responding to the LPA's reasons for refusal, addressing NPPF policies, and submitting supporting evidence (heritage assessments, transport statements, design and access statements).
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4
Inspector's decision
The inspector visits the site, considers the evidence, and issues a decision letter. Around 40% of planning appeals in England are allowed (i.e., succeed). Costs applications can be made against parties who behaved unreasonably during the process.
Frequently Asked Questions
I've received a planning enforcement notice. Do I have to comply immediately?
No. An enforcement notice does not take effect until the appeal period expires (28 days from service) — and if you appeal within that period, the notice does not take effect until the appeal is decided. You must appeal within 28 days of service — missing this deadline means the notice takes effect and failure to comply becomes a criminal offence. The grounds of appeal are broad — including that planning permission should be granted for the works or that no breach of planning control has occurred.
My planning application was refused. How strong is my appeal?
Success rates vary significantly by application type. Nationally, around 40% of householder and minor development appeals are allowed. Your prospects depend on whether the LPA's reasons for refusal are well-founded in the development plan and NPPF policies, and whether the application can be modified or supported by additional evidence to address those reasons. A planning consultant or solicitor specialising in planning law can give you a realistic assessment before you commit to an appeal.
Do I need planning permission for an extension?
Many single-storey extensions to houses fall under Permitted Development Rights (PDR) and do not require planning permission — subject to limits on size, height, proximity to boundaries, and the type of property (flats and listed buildings do not benefit from PDR). More complex cases may require a Certificate of Lawfulness from the LPA before proceeding. PDR have been modified and extended in recent years — a solicitor or planning consultant can advise on the current rules for your specific situation.
A neighbour's development is harming my property. Can I object?
You can submit representations to the LPA during the public consultation period for any planning application (usually 21 days from the application being publicised). If the application is approved and you believe material considerations were not properly weighed, judicial review of the grant of permission is possible within 6 weeks. Private rights (rights to light, rights of way, restrictive covenants) are separate from planning and can be enforced independently of the planning process.