Guidance

Planning appeals: procedural guide

The responsibilities of each party and the roles they have in the planning appeal process.

Documents

Details

This guide applies to:

  • planning appeals
  • householder development appeals
  • minor commercial appeals
  • listed building appeals
  • advertisement appeals
  • discontinuance notice appeals

It includes details about:

  • responsibilities of the appellant, the local planning authority and other parties
  • who decides an appeal?
  • what will the Inspector take into account?
  • what are the procedures?
  • can a proposed scheme be amended?
  • where will the decision be published?
Published 6 April 2015
Last updated 13 October 2021 + show all updates
  1. MHCLG changed to DLUHC

  2. Appendices F.1., F.2. and G.1. of the Planning appeals – Procedural Guide have been updated to reflect that there is nothing to preclude interested specific interested parties attending a Case Management Call if the Inspector thinks it would be helpful.

  3. Booklet updated with links to the Planning Inspectorate new Privacy Policy

  4. Paragraph 3.3. has been amended following changes to the Community Infrastructure Levy Regs. Annexe N was amended at the beginning of this year but para.3.3 was overlooked.

  5. The duplicate sentences have since been removed from page 73.

  6. The guide has been updated to reflect:- New legislation to allow PINS/the Inspector to decide (on behalf of the SoS) whether a ‘combined procedure’ may be appropriate; The introduction of appeals to allow for amendments to construction hours and to enable certain planning permissions and listed building consents in England which have lapsed or are due to lapse during 2020 to be extended; and Annexe L dealing with the procedural choice for redeterminations has also been altered.

  7. The complaints procedure published at Annexe Q has been removed and the new complaints procedure is now available online.

  8. Annexe P has amended following recent legal advice that Costs decisions are not correctable under the Slip Rule.

  9. Annexe N of the Procedural Guide has been updated following the revocation of regulation 123 of the CIL Regulations 2010.

  10. It has been updated to include references to Rule 6 parties at App F1 and G1, and a new paragraph F.9.3. Paragraphs F.31, App F.1 and App F.2 have also been amended from 10 days to 10 working days.

  11. Paragraph J.3.2 has been amended to say “must” rather than “should” bringing it into line with the advice given in paragraph J.2.3. It should now read: • must not include any personal or otherwise sensitive information

  12. Updated to take account of new process for statement of case submissions and statement of common ground.

  13. Advice on filming and recording at hearings and inquiries at para’s 3.5.3 and 3.5.4 has been updated

  14. Paragraph 2.4.3 has been re-worded for the sake of clarification.

  15. Paragraphs C.9.7 and D.8.6 removed, to reflect a review of site visit procedures where the Inspector could previously view from a neighbouring property where this had not previously been arranged

  16. The changes are: • Section C.5 grounds of appeal – additional wording added to give the deadline for the submission of a planning obligation or unilateral undertaking for HAS appeals; • Technical details consent section 2.4 added; • Removal of the reference to 7 working days from section 2.7.4 • Changing references from DCLG to MHCLG

  17. The guide has been updated to reflect legislative changes - see page 1 of the guide for further information.

  18. This document contains revised guidance on: Additional information which may be required by the Inspectorate, to be submitted with the appellant’s full statement of case, and the Local Planning Authority’s full statement of case (where it has not been provided with the appeal questionnaire) for appeals concerned with: use of land for the stationing of caravans for occupation by Gypsies or Travellers; removal of an agricultural occupancy condition attached to an earlier permission; the erection of a dwelling for an agricultural or, where applicable, other type of rural worker; and telecommunications installations.

  19. On 23 March 2016 the Planning Inspectorate published revised versions of its four procedural guides on Planning Appeals, Called-in Planning Applications, Enforcement Notice Appeals and Lawful Development Certificate Appeals. Each document highlights important changes.

  20. First published.