Making your appeal: How to complete your listed building consent appeal form

Question 1

1. Introduction

Accepted Answer

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.

Question 2

2. System availability and system requirements

Accepted Answer

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.

Question 3

3. Registration

Accepted Answer

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.

3.1 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.

3.2 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.

Question 4

4. Before you make an appeal – deadlines and eligibility

Accepted Answer

4.1 Application deadline

The LPA should decide your listed building consent application within 8 weeks starting with the day after the date the LPA received the application.

4.2 Appeal deadlines:

We must receive notice of the appeal:

Within 6 months of the date of the decision notice
If the appeal is against the failure of the LPA to give notice of their decision (non-determination), within 6 months of the expiry of the 8-week statutory period which the LPA have to determine the application.

4.3 Who can appeal

Only the person who made the application can make the appeal.

4.4 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.

Question 5

5. Completing the appeal form

Accepted Answer

5.1 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.

5.2 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 for example in relation to an application for planning permission and an application for listed building consent, 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.

5.3 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.

5.4 Appellant details

The details registered to your account will be displayed. 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.

5.5 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. The only exception to this is that we will send you and your agent a copy of the appeal decision. 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.

5.6 Local planning authority details

This information will usually be in the letter you received from the LPA confirming that your listed building consent application was valid and on the decision notice, if one was issued.

If the LPA did not validate or register your application, you should send us any relevant correspondence they sent to you.

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.

5.7 Appeal site details

The appeal site must be the same as the site given in the listed building consent 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 additional question as to 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 and/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.

Will the Inspector be expected to wear Personal Protection Equipment? Please give details
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?
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
Is the site remote or in an area likely to have a poor mobile phone signal?
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.
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
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?
Are there any site-specific safety arrangements in place?
Is the site accessible for persons with limited mobility?
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.

5.8 Description of development

You need to provide details of the proposed development. This will normally be precisely as you described it on the listed building consent application form. However, if during the consideration of your application you have agreed a revised description of the development with the LPA, you should use that. Please provide the documents which give details of the revision and which confirm your agreement and the LPA’s agreement to the revision.

If your appeal follows an application to vary or remove a condition or obtain approval of details in respect of a decision, please list the condition number(s) your appeal relates to. You can enter this information within the free text box which appears when you have answered the question ‘Has the description of the development changed from that stated on the application form?’

Area of the appeal site

This means the area of the whole site, not just the part that you intend to develop. For example, if you propose building an extension to an office or factory, the area of the appeal site is the area of the existing building and any area of land that belongs to it, including any driveway, parking area, grass or garden, shed, garage etc.

Site measurements are normally given in hectares. There are 10,000 square metres in 1 hectare.

Area of floor space of proposed development in square metres

This means that you must include the floor space of each storey of the proposed development and give the total area in square metres.

5.9 Building information

If the building is listed you need to indicate the grade of the building.

Under sections 3A and 4 of the Historic Buildings and Ancient Monuments Act 1953 the Historic Buildings and Monuments Commission for England (better known as Historic England) may make a grant for the preservation of historic buildings, their contents and adjoining land. You need to indicate if a grant has been made.

It is important to remember that any object or structure fixed to a listed building and any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before July 1948, shall also be treated as part of the building.

5.10 Reason for the appeal

The LPA’s decision notice should make it clear if it has refused listed building consent, or it has allowed the development subject to conditions.

If you are appealing against the LPA’s failure to decide your application within the time limits (option 5), please check the dates carefully. If you are in any doubt about the time limits that apply to your appeal, please re-read the deadline and eligibility section of this guidance about time limits at the start of this guidance.

5.11 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 the criteria for procedure determination. 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 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 procedure determination before choosing your preferred procedure.

The written representations procedure

This is normally the simplest, quickest and most straightforward way of making an appeal. The majority of listed building appeals proceed by the written procedure.

See 9 of the Planning Appeals Procedural Guide for more detailed explanation of written representations procedure.

The Inspector will usually visit the site.

We will use your responses to questions within the Choice of Procedure section and the health and safety question within the Appeal Site Details section of the appeal form to help us decide how any site inspection should be conducted.

The hearing procedure

This procedure is likely to be suited to cases which require detailed discussion about the merits of a proposal or 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, by cross examination by witnesses. In this case, an inquiry would be more suitable.

See 10 of the Planning Appeals Procedural Guide for more detailed explanation of the hearing procedure.

Hearing date

If there is any further information relevant to the practicalities of the hearing arrangements please explain this at 2(a).

The inquiry procedure

This is the most formal of the 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. 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 criteria for an inquiry. Although you may indicate a preference for an inquiry, we must be satisfied that your appeal is suitable for this procedure.

See 11 of the Planning Appeals Procedural Guide for more detailed explanation of the inquiry procedure.

In question 3(a), you need to indicate how many witnesses you intend to call. If you have instructed someone to represent you at the inquiry (your ‘advocate’) it may be useful for you to get their views on who will be your witnesses.

In question 3(b), you will need to discuss with your witness how long it will take them to give their evidence or your advocate may be able to advise you.

In question 3 (c ), you should say how long you estimate the inquiry will last, including the time you think will be required to present all of your case. Please be realistic - the estimate should include time for opening and closing the inquiry, any sessions on conditions and any section 106 obligation 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 someone to represent you at the inquiry (your ‘advocate’) 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.

Inquiry date

If there is any further information relevant to the practicalities of the inquiry arrangements please explain this at 3(d).

Statement of common ground

If you request a hearing or an inquiry, you are required to send us a draft statement of common ground, which you should discuss with the LPA in addition to the full statement of case. A draft statement of common ground should include basic facts such as site description, area, planning history, relevant planning policies, 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 13 of the Planning Appeals Procedural Guide.

5.12 Full statement of case

You should set out in detail, why you think that listed building consent should be granted and provide copies of any documents which you intend to rely on.

Your statement of case should be in full, as there will be no opportunity to add to it at a later stage so you should only make your appeal when you are certain that you have finalised your case.

The Inspector will look at the planning merits of your proposed development afresh and so there is no need to give a detailed history of the application such as discussions with LPA officers.

Do not repeat the LPA’s reasons for refusal, but you should include a clear explanation of why you disagree with each of them. It is not enough to say that you do not accept them – this will not help the Inspector decide your appeal.

If your appeal follows the LPA’s decision to refuse permission to vary or remove a condition you should state which conditions your appeal relates to.

For further information on the statement of case, please see 12 in the Planning Procedural Guide.

Failure to determine

If you are appealing against the LPA’s failure to determine your application, it will be helpful to tell us why you think that permission should be granted. If possible, you should also refer to relevant policies in the development plan and/or any supplementary planning documents published by the LPA.

Local policies

The LPA’s decision notice will refer to policies in the Development Plan and/or supplementary planning documents in the Local Development Framework. Do not describe any local policies in full. Simply give the number and the name of the relevant development plan or supplementary planning document and give paragraph numbers if appropriate. The LPA will provide these to the Inspector, so you do not need to. However, before making your appeal you should read the policies referred to. You should include in your statement of case why you think that any policy referred to in the notice is not relevant or why the proposed development complies with it.

If you think there are other relevant policies which the LPA have not referred to in their decision notice but which you will rely on, you should attach the relevant extracts and include them with your appeal. You should indicate their status, that is, whether they have been adopted by the LPA and/or have been saved by a direction of the Secretary of State and form part of the Local Development Framework.

If you consider it essential to provide email trails to support your full statement of case, you should consider if the final email in a trail contains the key points – so you would only need to provide that. If this is not possible, cross through any repetition in related emails so that the key points can be clearly picked up.

National policy

There is no need to set out national policy (such as the National Planning Policy Framework) as

Inspectors have access to these documents. However, you should refer to any paragraphs by number that you think are relevant.

Previous decisions

It will be helpful to attach previous decisions by the LPA or on an appeal if they are directly relevant, but you should explain why they are relevant.

Similar developments

You may include details of similar developments in the immediate area if you think these are relevant. You should identify them on a street map and supply their addresses and, where possible, photographs of them. Where you are aware of the history of any such development you should set it out briefly in your statement of case or in a separate annexe.

Effect on neighbours

Where the effect on the neighbours is mentioned in the decision notice, if you dispute this you should include measurements (in metric units) of the distances between your and your neighbours’ properties, particularly the distances to any of their windows. If your neighbours do not allow you access to their property you should provide approximate measurements.

Planning conditions

You should indicate if you wish to accept or can suggest planning conditions that you think would mitigate the impact of the development if the appeal is successful.

You should look at:

DLUHC’s planning practice guidance on the use of planning conditions
Appendix A – “Suggested Models of Acceptable Conditions for Use in Appropriate Circumstances” (which is still in existence) to Circular 11/95: Use of conditions in planning permission(which has been cancelled).

The fact that conditions are suggested does not mean that the appeal will be allowed and planning permission granted or that, if allowed, conditions will be imposed.

Planning obligation

A planning obligation - often referred to as a ‘section 106 agreement’ – is either:

a legal agreement made between the LPA and a person ‘interested in the land’
or a legally binding undertaking signed unilaterally by a person ‘interested in the land’.

If you intend to rely on a planning obligation you should send a draft version with your appeal form. The start letter we will send you will tell you when you must send the final draft to us. For further information please see our Planning Obligations: good practice advice guide.

Costs application

If you want to make a costs application, please select ‘yes’ and attach the application. See ‘Application for appeal costs’ under the ‘Before you appeal’ section of this guide.

5.13 Site ownership certificates

As we need to know who owns the building to which the appeal relates you must complete an ownership certificate. “Owner” means a person having a:

freehold interest
or a leasehold interest with 7 years or more to run.

If you knowingly or recklessly sign an ownership certificate which contains any statement which is false or misleading, you are committing an offence and would be liable to a fine if convicted.

Certificate A

If you own the whole building you should tick Certificate A.

Other certificates and giving notice

If you do not own the whole building, you must inform all the owners of the building that you are going to make an appeal. We call this “serving notice”. You must serve notice on the person (or people) who owned the building on the day 21 days before the day you send your appeal to us. You must do this during the 21 days immediately before you send your appeal to us.

Serving notice

In Annexe 2A is the form you must use to serve notice on all other owners that you know about.

In Annexe 2B is the notice you must publish in a local newspaper if you do not know the names and addresses of some of the owners. You can:

cut out the notice
or photocopy it
or type your own version that must contain exactly the same wording.

What you must do with the notice

If you do not own the building or do not own all of it and you know the names and addresses of all or some of the other owner(s) you must serve the notice on the owners that you do know. You must do this by:

handing the notice personally to them
by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address
sending the notice by registered or recorded delivery post
in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications.

If it appears that the building is unoccupied, or if you have not been given an address for the service of notice for some or all of the other owners you may address the notice to “the owners and any occupiers” and fix the notice conspicuously to the building.

If you have to serve notice on an organisation, you must address it to the secretary or clerk of the organisation at their registered or principal office.

Certificate B

If you know the names and addresses of all the owners of the building and you have served notice on them you should tick and complete Certificate B on the listed building consent appeal form.

Certificate C

If you know the names and addresses of some, but not all of the owners of the building involved in the appeal you must serve notice on the owners that you do know about – see above. Also you must publish the notice in a local newspaper. This is so that any other owners may become aware of your intention to appeal. You must send a copy of the published notice to us with your appeal.

In these circumstances you should complete Certificate C given in Annexe 3. You must send us a copy of the completed Certificate C, and the notice as published, with your listed building consent appeal form.

Certificate D

If you do not know the names and addresses of the owners of the building involved in the appeal you must publish the notice in a local newspaper.

In these circumstances you should complete Certificate D, given in Annexe 4. You must send us a copy of the completed Certificate D, and the notice as published, with your listed building consent appeal.

5.14 Supporting documentation

If we do not receive all your essential appeal documents listed on the appeal form by the end of the appeal period we will not be able to proceed with it and you will lose your right to appeal. We do not ‘chase’ missing documents, so make sure that you have sent us everything; if not your appeal will be delayed or possibly turned away.

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.

Any supporting documentation should be essential and directly relevant to the appeal. Such documentation should be clearly cross-referenced to your full statement of case.

You should list all the plans/drawings that you are sending to us and include their reference to the 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”).

There is limited scope to consider revised proposals at appeal stage. If exceptionally you want to put forward revised proposals at the appeal stage, you should send them with the appeal documents. Late submission can cause delays and lead to a claim for costs (See ‘Application for appeal costs’ under the ‘Before you appeal’ section of this guide). If you send revised plans when making your appeal, the Inspector will decide whether or not to consider them. For a more detailed explanation of proposing amendments, see 16 of the Planning Appeals Procedural Guide.

You may wish to send appendices to your representations. These can include reports and information that relate directly to the case and in response to the reason for refusal (if any). Revised proposals which seek to overcome the LPA’s reasons for refusal should normally be sent to the LPA as a new application. Appendices should be used sparingly.

You may use photographs (preferably in colour) to support your statement of case – for example to show the site and its relationship to its neighbours. If you send photographs you must give details of where they were taken, on a map showing the viewpoints, and when and what they show. If you take photographs in public places, please take reasonable care to respect the privacy of individuals whose images you may accidentally capture. We are unable to return photographs.

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.

5.15 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.

5.16 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.

Please note that we must receive written notification of your appeal before the date the notice comes into effect. So please make sure that you send your appeal in good time before that date.

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 and 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.

Question 6

6. Contacting us

Accepted Answer

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

Question 7

7. Troubleshooting

Accepted Answer

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.

Question 8

8. How we use your information

Accepted Answer

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.

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