Appealing a planning or building decision20 Feb 2019
When can I appeal a decision?
You can request an appeal if:
- you have been refused planning or building permission
- you disagree with a condition attached to a planning or building permission
- you have made a written representation to an application that has been approved and you have an interest in land or are resident on land within 50m of the application site
- you have had a notice requiring action served on you, such as an enforcement notice
- you own or occupy a building or land where a building, place or tree has been listed
- you own or occupy a building or land where the de-listing of a building, place or tree has been refused
- you own a building or land where a decision has been made to revoke or modify a planning permission
What are the timescales for appealing a decision?
Notice of appeal must be received by the Judicial Greffe no later than 28 days from the date of the decision. For example, if a decision is dated 1 January 2019 then an appeal must be received by close of business on 27 January 2019.
You can find the date of the decision on:
- the decision notice, or
- on any notice requiring action
The time limit is strictly applied and only in the most exceptional cases will an extension of time be granted.
How do I submit an appeal?
Complete the relevant form and submit to the Judicial Greffe with the applicable fee. The cost of an appeal is set out on the relevant appeal forms and summarised in the Judicial Greffe’s guide.
You need to explain why you disagree with the decision. You only need to provide a brief outline.
If your appeal is accepted then you will have 28 days to submit full details about your reasons for appealing. If your appeal is not accepted, the Judicial Greffe will inform you.
The appeal process
When the appeal is accepted, an independent inspector will be assigned. Some appeals are considered based on written statements, while others will involve a hearing chaired by the inspector. If you would like a hearing, you can ask the inspector to consider it.
Once accepted, you have 28 days to submit your full arguments. After this deadline, all parties will receive each other's cases and have 14 days to comment on the other side's arguments. You won't be able to raise any new issues during this period.
The inspector will then consider your appeal and make a recommendation to the Minister for the Environment. The Minister is not obliged to follow that advice, but must explain why it was not followed.
Once the Minister makes a decision on your appeal, the Judicial Greffe will let everyone involved know the outcome.
How long will the appeal process take?
The planning department aims to make a decision on an appeal around 10 weeks from the date it was accepted.
It is essential that you meet all submission deadlines, as the planning department cannot accept any information received after any deadlines.
How can we help?
If you would like legal advice or further guidance on the planning process, please contact one of our experts for a no-obligation discussion.