Guidance

How to complete your lawful development certificate appeal form

Updated 6 February 2024

Applies to England

1. Introduction

Before you make your appeal, you should enter into discussions with the local planning authority (LPA). We encourage you to continue these discussions, during the appeal. This will help to narrow the areas in dispute.

You should make your appeal only when all else has failed.

2. System availability and system requirements

Our online facilities will usually be available 24 hours a day. We will sometimes need to take the system out of service for a while to implement upgrades. Wherever possible, we will do this outside of usual office hours.

Please see our guide to communicating electronically with us.

3. Registration

You need to create an account with us to make an appeal or make representations on an appeal. Registering will enable you to access our full range of electronic services, including a personal homepage.

To create an account or log in if you already registered, please use the Appeals Casework Portal.

Personal homepage

There are six headings on your personal homepage:

• Make a new appeal – you can submit a new appeal here
• My cases – You can view your submitted appeal forms here - these will not be editable as they have already been submitted to us (you will have been emailed a PDF version of any appeal form you have submitted)
• My representations – You can view your submitted representations here - this will include any representations you have submitted for your own cases and any representations which you may have submitted for other cases which you are interested in (these will not be editable as they have already been submitted to us - you will have been emailed a PDF version of the form upon submission)
• Search for a case/submit representation - search for a case using the quick search facility using the 7-digit case reference number or you can search using other criteria (such as site address) with our advanced search
• Awaiting submissions - access any of your appeals or representations which you are still working on using this facility - please note that any appeals or representations which are still awaiting submission after 180 days will be automatically deleted
• Watched cases - watch any cases which are of interest to you using this facility. Once you have found a case which you want to follow, you can click the ‘Watch case’ button on the Case Summary screen. The case will then be added to your ‘Watched cases’ list. If at any time you want to remove the case from your list, simply click the ‘Stop watching’ button on the Case Summary screen or click the red ‘x’ button on your homepage.

My details

This is where all the details you entered when creating your account are held. If at any time your details change, you should make amendments to them through this page. It is your responsibility to ensure that your details are kept up to date.

You cannot change your name once your account has been created.

If you make a change to your address details, telephone number or fax number then these details will be updated instantly on your account.

If you change your email address, you will be sent an email confirming this change and asking you to verify the new email address. Once verified, your account will be updated.

You can change your password using the ‘Change Password’ button. You will be sent an email confirming that a change has been made. You will then need to log into your account again, using your new password.

4. Before you make an appeal

Deadlines

There is no time limit for making an appeal in relation to section 191 and section 192 applications.

However, an appeal in relation to section 26H applications must be received by us within 6 months of the date of the notice of the LPA decision, or, if the LPA have failed to make a decision on the application, of the expiry of the 6-week period (or any extended period that may have been agreed in writing between the applicant and the LPA) beginning with the day following that on which they received a valid application.

See the below section ‘Details of the appeal’ for further information on the 3 types of lawful development certificate (LDC). See also 1.1 of our Procedural Guide: Certificate of lawful use or development appeals.

Who can appeal?

Only the person who made the application for an LDC can appeal.

Application for appeal costs

You and the LPA normally must meet your own appeal expenses.

If a party does not behave reasonably during the appeal process, they leave themselves open to costs being awarded against them. This would be on the basis that the behaviour had directly caused another party to incur expenses that would not otherwise have been necessary.

Costs may be awarded in response to an application for costs by one of the parties. Also, the Inspector may make an award of costs even if none of the parties have made an application.

There is guidance about costs awards in the Department for Levelling Up, Housing and Communities’ (DLUHC) planning practice guidance.

Before you appeal, it is important that you read this guidance because it explains how, and on what basis you can make an application or have an application made against you.

As per Section 191(2)(b) of the Town and Country Planning Act 1990 (as amended), a certificate cannot be granted that contravenes the requirements of an enforcement notice or a breach of condition notice then in force. If we consider that an enforcement notice or breach of condition notice is in force which will prevent the grant of an LDC so that the appeal will be dismissed, we may write to you and explain this. If despite this, you proceed with an appeal you may leave yourself open to an award of costs against you – as pursuing an appeal in circumstances where an LDC cannot be granted could be seen as being unreasonable behaviour.

5. Completing the appeal form

Once you have logged into your account, start the appeal process by clicking on ‘Make a new appeal’.

In this section, we use the same headers as within the appeal form.

Enter the name of your local planning authority

Here you should type in the name of your local planning authority. As you type, possible matches will be returned. You can then select the correct one from the list. Note you cannot change your local authority once you are in the appeal form.

Selecting your appeal form

You will be asked a series of questions about your appeal; with each answer you give determining the next question. You may need to consult your application documents, including any decision issued from your LPA.

If you want to make an appeal in relation to more than one application, you must make a separate appeal for each.

If you believe that you may have selected the wrong from, please select the ‘Restart’ button to begin the appeals process again.

Meaningful name

This name will be used to identify this appeal on your personal homepage. Please use a name that clearly identifies the appeal to you, for example, the first line of the site address. This is particularly important if you are an agent who may be dealing with multiple cases.

Appellant details

If you are the appellant, by responding ‘Yes’, the details registered to your account will be displayed on the form. Select ‘No’ and you will be deemed to be acting as an agent for the appellant and so you should provide the appellant’s details.

If for any reason your details have changed since you created your account, you should change them through the ‘My Details’ link at the top of the page.

If you are an unrepresented appellant and you prefer to be contacted by email, where possible, we will send you our letters and appeals correspondence by email and we will not send paper copies.

Agent Details

You do not have to employ an agent to handle your appeal. If you decide to employ an agent, they will probably complete the appeal form for you.

If you have an agent, we will send all our communications to them. We will not send a copy to you. You should ensure that you keep in touch with your agent about the appeal arrangements, particularly times and dates for site visits, hearings or inquiries.

If you prefer to be contacted by email, where possible, we will send you our letters and appeals correspondence by email and we will not send paper copies.

If you are the agent completing the form, by selecting ‘No’ to the question ‘Are you the appellant?’ the details registered to your account will be displayed on the Agent Details section of the form.

Local Planning Authority Details

The name of the LPA, date of application and LPA reference number will usually be in the letter you received from the LPA confirming that your application was valid and on the decision notice if one was issued.

If the LPA did issue a decision, the date of the LPA’s decision will be on the decision notice.

If the LPA did not validate or register your application, you should send us any relevant correspondence it sent to you. Please see the below section ‘Supporting documents’.

The name of the LPA will have transferred through to the form from when you entered it at the start of the process. If you need to change the LPA you will need to restart from your homepage.

Appeal Site Details

The appeal site must be the same as the site given in the LDC application.

If you confirm that the address of the affected land is the same as the appellant’s address, then this information will transfer over from the Appellant Details section (provided you have completed the Appellant Details section before the Appeal Site Details section).

Does the appeal relate to an existing property?

If the address of the affected building is not the same as the appellant’s address you will be asked an extra question about whether the appeal relates to an existing property. If it does, you can use the address finder to complete your details quickly.

Postcode

If the appeal site does not have a postcode, please provide the postcode of the nearest building. Also please provide information to help us identify the site for example, a map or plan showing the site and at least 2 named or numbered local roads or a grid reference or you can enter the street name into Royal Mail post code finder to generate a postcode.

Health and safety at the site

The site is likely to be inspected during the course of the appeal and the Inspector needs to be made aware of any potential problems.

We take seriously our duties regarding the health and safety of our employees and those affected by our work. Inspectors may abort the site visit if the conditions on site are unsatisfactory. Failure to provide the necessary information may therefore result in a delay to your appeal.

The following questions indicate the type of information we need about the appeal site, such as the condition of the land or any building to be entered. Please note that the questions do not actually feature on the appeal form. The information should be supplied within the free text field underneath the Health and Safety question.

1. Will the Inspector be expected to wear Personal Protection Equipment? Please give details

2. Are any building works or other operations taking place on the site? If it is a workplace, is there a risk assessment in place for visitors

3. Are there any animals (for example, pets or livestock) within the site? If so, you must ensure that all animals (both livestock and pets) will be kept away from the area to be visited

4. Is the site remote or in an area likely to have a poor mobile phone signal

5. Are there any areas that require specialist equipment or training for access for example, confined spaces or use of ladders / scaffolding? If a ladder will be used, you must explain why and give details of the heights involved and arrangements for securing the ladder

6. Does the Inspector need to be aware of specific dangers within the site? This would include uneven surfaces, equipment or substances kept at the site, risk of exposure to chemicals, asbestos or radiation

7. Will it be necessary to view the site from a height, for example, from a roof or balcony? Are any railings or guards in place?

8. Are there any site-specific safety arrangements in place?

9. Is the site accessible for persons with limited mobility?

10. Is there any overgrown vegetation that could restrict access to the site? If so, you will need to ensure that the site is made accessible to our Inspector and any other people accompanying them.

You must also inform us of any relevant changes to the site which occur in the period leading up to the planned site visit date.

Details of the appeal

Select the section under which the application was made

There are 3 types of LDC that may be applied for under section 191 and section 192 of the Town and Country Planning Act 1990 (as amended) and section 26H of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended):

• section 191 – whether an existing use of land, operational development or activity in breach of a planning condition is lawful
• section 192 – whether a proposed use of buildings, land or operations intended to be carried out would be lawful
• section 26H – whether proposed works for the alteration or extension of a listed building would be lawful

Is there an effective enforcement notice?

You should note that uses and operations cannot be considered lawful where they are in contravention of any of the requirements of an enforcement notice which is in force. If we consider that an enforcement notice is in force which will prevent the grant of an LDC so that the appeal will be dismissed. We may write to you and explain this. See the above section ‘Application for appeal costs’.

Choice of Procedure

There are 3 possible procedures for the determination of an appeal: written representations, hearings and inquiries. We will decide which procedure your appeal should follow. Our decision will be based on our criteria for determining the procedure for procedure determination. Although the criteria do not directly apply to LDC appeals, they are a useful indication of which procedure would be appropriate for these appeals. We will also take into account any views you have expressed about which procedure would be most suitable for your case and the views of the LPA.

You should note if we decide at the initial stage that the appeal should proceed as a hearing or as an inquiry, we will, based on the criteria, also subsequently consider whether a ‘combined procedure’ would be appropriate (for further information, see 4.3 of our Certificate of lawful use or development appeals: Procedural Guide). For example, a hearing with some elements dealt with by written representations or an inquiry with hearing and/or written representation elements.

We will keep the determined procedure, including any combined procedure, under review during the appeal and may change it at any point before a decision on the appeal is made.

Please use our criteria for determing the procedure before choosing your preferred procedure.

The written representations procedure

This is normally the most straightforward way of making an appeal. It is simpler to undertake than a hearing or inquiry. The Inspector will consider the LPA’s reasons for refusing the application, your statement of appeal, any further representations received from you and the LPA and any comments received from interested people. The Inspector will usually visit the site.

For further information on the written representations procedure, please see 7.2 of the Certificate of lawful use or development appeals: Procedural Guide.

We will use your responses to questions 1a) and 1b) to help us decide how the site visit should be conducted.

The hearing procedure

This procedure is likely to be suited to more complicated cases which require detailed discussion and where questions need to be asked to establish the facts. The hearing is an inquisitorial process led by the Inspector who identifies the issues for discussion based on the evidence received and any representations made. The hearing may include a discussion at the site. Or the site may be visited, on an accompanied (without any discussion), or unaccompanied basis.

If you ask for a hearing you should explain on the appeal form, why you think your appeal fits the criteria for a hearing. Although you may indicate a preference for a hearing, we must also consider that your appeal is suitable for this procedure. It will not be suitable if the evidence needs to be tested. For example, where the factual evidence about how long the development has been on site is in dispute. If it is likely that evidence will need to be given on oath this cannot be done at a hearing so an inquiry would be necessary.

For further information on the hearing procedure, please see 7.3 of the Certificate of lawful use or development appeals: Procedural Guide.

The inquiry procedure

This is the most formal of the appeal procedures. Although it is not a court of law the proceedings will often seem to be quite similar. An inquiry provides for the investigation into, and formal testing of, evidence, usually through expert witnesses. Parties may be formally represented by advocates and evidence will sometimes be given on oath. The site may be visited before, during or after the inquiry.

If you ask for an inquiry you should explain on the appeal form why you think your appeal fits the criteriafor an inquiry. Although you may indicate a preference for an inquiry, we must be satisfied that your appeal is suitable for this procedure.

For further information on the inquiry procedure, please see 7.4 of the Certificate of lawful use or development appeals: Procedural Guide.

How long do you estimate the inquiry will last?

In answering question 3(a) you should say how long you estimate the inquiry will last, including the time you think will be required to present all your case. Please be realistic - the estimate should include time for opening and closing the inquiry, and the time you consider may be necessary for questions to be put to both your and the LPA’s witnesses. If you have instructed an advocate to represent you at the inquiry (for example, an agent, solicitor, or barrister), it may be useful for you to get their views on the likely length of the inquiry.

We will take account of your estimate, the estimate we receive from the LPA and our own experience when we set the likely length of the inquiry. Once set we will expect the length of the inquiry to stay within the agreed timetable.

To help us to do this please indicate at Q3(b) how many witnesses you intend to call to give evidence at the inquiry and the topic areas they will cover and any other information which will help us decide on the appropriate timetable for the inquiry. If you have an advocate, it may be useful for you to get their views on this.

If you have any further information relevant to the inquiry, use the text box below.

Statement of common ground

For inquiry cases you are required to send to us a statement of common ground not later than 4 weeks before the inquiry. You should begin discussing this with the LPA before you make your appeal. The statement of common ground should include basic facts such as site description, area,planning history, evidence on technical issues and conditions and all other matters of agreement. You should also list the specific areas where agreement is not possible.

For further information on the statement of common ground, please see 7.4.13 of the Certificate of lawful use or development appeals: Procedural Guide.

Appeal Statement

The appeal statement should be a clear and concise statement of your case and the reasons why you consider the subject of the application to be lawful.

Since there is no power to grant planning permission on an LDC application or appeal, the planning merits of the development are not relevant; It rests entirely on whether the development is lawful.

It is open to you to apply to the LPA for planning permission in the normal way, without prejudice to your application or appeal for an LDC.

Similarly, there is there is no power to grant listed building consent in relation to a listed building LDC application or appeal. As such, planning merits are not considered. However, decisions as to whether proposals affect the special architectural/historic character of a building in a particular way can involve a planning judgement.

In your appeal statement you may wish to put forward the case that the development that has taken place or the development that you propose:

• does not amount to development, under section 55 of the Town and Country Planning Act 1990 (as amended), or that the change of use is not a material one (that is, it is not subject to the requirements of planning control)
• is permitted by the Town and Country Planning (General Permitted Development) Order 2015 or that the change of use is within the terms of the Town and Country Planning (Use Classes) Order 1987 (as amended)
• has been done, or built, within the terms of a planning permission
• has become lawful as it is too late for the LPA to take enforcement action - the time limits are as follows
  • section 171B(1) of the Town and Country Planning Act 1990 (as amended) gives a time limit of 4 years for notices alleging operational development such as building, mining or engineering works
  • section 171B(2) gives a 4 year limit for change of use from a building/part of a building to a single dwellinghouse - this time limit applies either where the change to use as a single dwellinghouse involves development without planning permission, or where it involves a failure to comply with a condition or limitation subject to which planning permission has been granted
  • section 171B(3) gives a 10 year limit for any other change from the date of the breach - this applies to changes of use and to breaches of any conditions attached to previous planning permissions

For immunity purposes involving a material change in the use of a building or land, the evidence needs to show when that use was instituted and that it has subsisted, without significant interruption, for a continuous 4- or 10-year period.

It is not enough to say “the breach of planning control occurred more than 10 years ago”, or “The building was finished more than 4 years ago”. It is your responsibility to provide evidence to support your claims.

Your statement could for example refer to matters of which you have direct knowledge. We would advise you to supply, wherever possible, statements from other people who have the necessary direct knowledge, and/or documentary evidence, for example dated photographs, invoices/receipts for works and so on.

Other appeals

If you have made any other related appeals which have not yet been decided on this site or for nearby sites, please supply the reference numbers. Where practical, and depending on the relevant timescales, we may consider related cases together.

Supporting Documents

All documents should be submitted at the time of your appeal. You should submit all documents using the portal. Sending documents by email may delay your appeal.

We have listed the necessary supporting documents. We do not ‘chase’ missing documents and so please make sure that you have sent us everything - if not your appeal will be delayed.

Please ensure that you have listed all the plans/drawings that you are sending to us and that they include reference to scale, orientation and paper size. You should send us copies of all plans sent to the LPA with your application (including plans which have been superseded, you should clearly mark these ‘superseded’).

We will return any audio/video evidence sent to us. We cannot accept audio or video evidence, as we cannot be sure that everyone involved has exactly the same version or that they have the equipment needed to access the evidence. However, you may send a written summary.

If the appeal will proceed by a hearing or inquiry, you may ask the Inspector at the event if they are willing to accept the audio/video evidence and allow it to be played at the hearing/inquiry.

It is your responsibility to contact the LPA to find out whether it has suitable equipment at the venue to access the evidence, or if it will allow you to use your own. The equipment must be suitable to play the evidence so that everyone can see/hear it.

If the evidence is accepted by the Inspector, it will become part of the hearing/inquiry evidence and will be retained by the Inspector. You will need to have additional of the audio/video evidence available as if the Inspector allows it to be played these copies will be given to the main parties Our Case Officer will be able to tell you how many copies you will need to provide.

Submitting your appeal

You must read this section carefully and then check the box to confirm you have read the content.

To find out more about how we use and manage your personal data, please go to our privacy notice.

Before submitting your appeal, please familiarize yourself with the approach, outlined in our privacy notice, to handling sensitive information (known as ‘special category data’) and potentially inflammatory comments.

If you are making an appeal in relation to a listed building LDC application, we must receive your appeal form and all supporting documents within the 6-month time limit.

There is no time limit for making an appeal in relation to section 191 and section 192 applications (see the above section ‘Details of the appeal’) . You should ensure that you send a copy of the completed appeal form and a copy of any supporting documents you are sending to us to the LPA. If you choose to send us a copy of a proof of posting, you should also send a copy of that to the LPA.

Further instructions on how to send the documents to the LPA are within the confirmation of appeal email which you will receive upon successful submission of your appeal form.

6. Contacting us

The Planning Inspectorate Customer Support Team
Temple Quay House
2 The Square
Bristol
BS1 6PN

Customer Form: Customer Services and general enquiries.

Telephone: 0303 444 5000

Email: enquiries@planninginspectorate.gov.uk

7. Troubleshooting

If you are experiencing issues, please attempt the following:

• Ensure that your internet browser has JavaScript enabled, which is usually the default setting
• Ensure that cookies are allowed
• Ensure that the web address https://www.gov.uk/government/organisations/planning-inspectorate is not added to the IE proxy server exceptions

Note – This is normally only applicable to corporate networks.

8. How we use your information

The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. To find out more about how we use and manage your personal data, please go to our privacy notice.