Planning Appeals

Planning Appeals

Details of appeals that have been made and decided are available to view using the Planning Inspectorate case search system.


Planning Appeals are lodged with the Planning Inspectorate, not with Newcastle City Council. You can submit your appeal online (external link).  Appeals are considered by a Planning Inspector and most are conducted through writing, although some are decided by a hearing or a public inquiry.

  • Should I appeal?
  • When can I appeal?
  • How long do I have to appeal?
  • Submitting the appeal
  • What is the appeal process?


Should I Appeal?

If your application is refused you have a right of appeal through the Planning Inspectorate. However we recommend that you contact us before making your appeal. Some problems can be solved by making minor changes to your proposals.

If you change your proposal and apply again within one year of the refusal, you won't have to pay another fee.

 

When can I appeal?

You can appeal in the following circumstances:

1. If you are refused permission.
2. If you think the conditions imposed on a permission are inappropriate.
3. If we have failed to approve details of a scheme which has already received outline planning permission.
4. If in approving details of a scheme we have imposed conditions that you think are inappropriate.
5. If we have failed to decide your application within the time allowed for the type of application.
6. If we have asked for extra information that we consider necessary to decide an outline application, but that you think is unnecessary.
7. If we refuse to accept a proposal for discharging conditions on a development.
8. If an Enforcement Notice is served on your property.

 

How long do I have to appeal?

Appeals against planning applications (non-householder application)

If your application is refused permission, you can lodge an appeal (external link) within 6 months of the date of the refusal.

If your application is granted, but you think that one or more of the conditions are unreasonable or unacceptable, you can lodge an appeal within 6 months of the date of the approval, or submit a new application to have them altered or removed.

 

Appeals against planning applications (householder applications)

If your application is refused permission, you can lodge an appeal (external link) within 12 weeks of the date of the refusal.

 

Appeals against enforcement notices

If you are served with an enforcement notice that you find unreasonable or unacceptable, you can lodge an appeal (external link) but this must be before the date on which the notice takes effect. 

Where an enforcement notice is served on a development after an application for substantially the same development has been refused, then you must appeal either within 28 days of the serving of the notice, or within 6 months of the date of the refusal of planning permission, whichever is the sooner.

 

Submitting the appeal

The appeal can only be submitted by or on behalf of the original applicant.

You can lodge an appeal by using the Planning Portal website.

Forms are also available from : Customer Support Unit,The Planning Inspectorate, Room 3/15 Eagle Wing,Temple Quay House, 2 The Square,Temple Quay, Bristol, BS1 6PN.

Phone: 0117 372 6372

All appeals will need to detail relevant grounds and reasons why you disagree with the decision of the Council. You will also be asked how you wish to proceed with the appeal. There are three approaches which can be taken:  written representations, a hearing, or a public inquiry. Which option you request will depend on the nature and scale of the development.  Most appeals are written representations.

  • When you submit your appeal to the Planning Inspectorate you must also send us a copy along with copies of any documentation.

The following documents need to be included with the appeal form:

  • Appeal certificate indicating who owns the land on which development was to be carried out;
  • A copy of your original planning application.
  • A copy of the certificate of ownership stating who owned the land that you sent with the original planning application;
  • Copies of all relevant documents, drawings and plans which were part of the original planning application.
  • Copies of all relevant letters.
  • Where applicable, a copy of the planning decision notice.
  • A location plan.
  • In the case of appealing against non approval of details, a copy of the original application for outline planning permission, the plan and the outline permission itself need to be included.

 

What is the appeals process?

Within two weeks of the starting date (or 5 working days for householder appeals), we will send you and the Planning Inspector a completed questionnaire. We will also inform consultees and those who objected to the original proposal that an appeal has been made.

Within six weeks from the starting date, you can submit an additional statement in response to the questionnaire. We as the planning authority will also have the opportunity to present our case.

Within nine weeks from the starting date, you and the authority can submit any comments on each other's statement and on comments from interested people.

For appeals decided by the written procedure, decisions normally be made within five weeks of the inspector's site visit. Hearings, will normally be decided within seven weeks of the date of the hearing and inquiries within seven weeks of the close of the inquiry. If the Secretary of State is making the decision, it may take longer.

For Householder appeals, the process will be fast-tracked; please see more information at https://www.gov.uk/appeal-householder-planning-decision

For further information please refer to the Planning Inspectorate website.

Guidance on taking part in appeals (External links)

For planning appeals:

For enforcement appeals:

Did you know?

If your application is refused you have a right of appeal through the Planning Inspectorate. However we recommend that you contact us before making your appeal. Some problems can be solved by making minor changes to your proposals.

Related Pages

Need more information?

For further information please refer to the Planning Inspectorate website.

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