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Appeals process

If you have gone ahead without the required permission the council may simply ask you to apply retrospectively. Much depends on the nature of the development and its effect on neighbours. If the council considers that the development involves a breach of planning control, it may take remedial enforcement action. You can find out more about the appeals process on the Planning Portal.

• Planning Portal - more on enforcement appeals (opens new window)

Before you appeal

You should only consider submitting an appeal as a last resort. Always try to negotiate with your local planning authority to achieve a satisfactory conclusion before submitting an appeal.

All appeals in England and Wales are handled by the Planning Inspectorate - an executive agency of the Department for Communities and Local Government.

The Planning Inspectorate must receive your completed appeal before the date the enforcement notice takes effect.

If you decide to appeal you should pay careful attention to your grounds of appeal as these will be the basis of your argument against the council's decision.

If the Planning Inspectorate decides that your grounds of appeal are not satisfactory you will be asked to amend them or stand the risk of your appeal being invalidated.

• Find your local council

What does it cost?

An enforcement appeal includes an application for planning permission if an appeal is made on the grounds that planning permission should be granted.

A fee is normally payable for consideration of this, which is double the amount paid for a normal planning application. Half the fee is payable to the LPA and half to the Communities and Local Government. There is no fee for the appeal itself.

• Communities and Local Government (opens new window)

Making your appeal

You can make an appeal against an enforcement notice online. The Planning Casework Service is a system available via the Planning Portal.

The system is operated by the Planning inspectorate and allows users to submit, track and search for certain kinds of appeals online.

You can send your appeal to The Planning Inspectorate by post, by fax, or deliver it by hand to the address below. You should keep the fax transmission report, and recorded delivery numbers, or if you deliver your appeal by hand ask for a dated receipt.

The Planning Inspectorate
PO Box 326,
BRISTOL,
BS99 7XF

Helpline: 0117 372 8075

• The Planning Inspectorate (opens new window)

How long will it take?

The following timetable and stages apply to all appeals, whatever procedure is used.

Within two weeks of the starting date - the LPA will send you and The Planning Inspectorate a questionnaire which they have filled in. They will also tell interested people about the appeal by the same date. Within six weeks of the starting date - you and the LPA should send a statement of your case to The Planning Inspectorate. The Planning Inspectorate will send you and the LPA a copy of what the other has sent and any comments from interested people (if they have received them in time). Within nine weeks of the starting date - you and the LPA should send The Planning Inspectorate any comments on each other's statement and comments from interested people.

Some other stages apply if your appeal is being dealt with at a hearing or inquiry.

Withdrawing an appeal

You can withdraw your appeal at any time before it is decided. You may want to do this if, for example, you and the LPA reach agreement and can sort out your differences without an appeal.

Commenting on an appeal against an Enforcement Notice

You can also comment on someone else's appeal against an Enforcement Notice. For more information, see the Planning Portal.

• Make an enforcement appeal online (opens new window)
• Planning Portal (opens new window)