How to Appeal a Planning Decision

01

Who Can Appeal?

What is the Planning Inspectorate (PINS)?
The Planning Inspectorate is an independent government body that handles planning appeals in England. When a local council refuses planning permission, the applicant can appeal to PINS, where an independent inspector will decide the application again on its planning merits. PINS also handles enforcement appeals, called-in applications, and nationally significant infrastructure projects.

This is the first thing that surprises people: only the applicant (or someone acting on their behalf) can appeal a planning decision. If you objected to your neighbour's extension and the council approved it, you have no right of appeal.

This can feel deeply unfair, but the logic is straightforward. The applicant has been refused something and is seeking a review. An objector who "lost" because the council approved the scheme was never the decision-maker — they were a consultee. Their views were heard, but the decision rests with the planning authority.

If You Objected and It Was Approved Anyway

You have no right of appeal, but you are not entirely without options. There are three, and it is worth being realistic about what each can and cannot achieve:

• Judicial review. The High Court can quash a permission that was granted unlawfully — for example where the council failed to follow a statutory procedure, took into account something it should not have, or gave no adequate reasons for its decision. It tests the legality of how the decision was reached, not the planning merits: "the extension is too big" is not a ground, "the council never consulted us as it was required to" might be. The claim form must be filed within 6 weeks of the grounds first arising (CPR 54.5(5)). It is expensive, you can be ordered to pay the council's costs, and the remedy is usually that the council decides the application again rather than that permission is refused. Take specialist legal advice straight away — the 6 weeks goes quickly.
• The Local Government and Social Care Ombudsman. Where the council's handling amounted to maladministration — it failed to notify you when it should have, ignored representations it was required to consider, or gave you wrong information you relied on — the Ombudsman can investigate and recommend a remedy. Note the limit: it cannot overturn the planning permission. It normally expects you to have exhausted the council's own complaints procedure first.
• Watch what actually gets built. Permissions are granted subject to conditions and approved plans. If the development as built departs from those plans, or a condition is breached, that is an enforcement matter — a route that stays open long after the decision itself is beyond challenge.

What Can You Appeal?

Under Section 78 of the Town and Country Planning Act 1990, you can appeal against:

• Refusal of planning permission — the council said no
• Conditions attached to a permission — the council said yes, but with conditions you consider unreasonable
• Non-determination — the council failed to decide within the statutory period (8 weeks for non-major, 13 weeks for major, DMPO art 34) and you haven't agreed an extension of time in writing

You can also appeal certain other decisions, including refusal of listed building consent (Section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990), refusal of advertisement consent, and enforcement notices (Section 174 of the TCPA 1990) — though enforcement appeals have their own distinct procedures and timescales.

02

The Planning Inspectorate (PINS)

Appeals are decided by the Planning Inspectorate (PINS), an executive agency sponsored by the Ministry of Housing, Communities and Local Government. PINS is independent of the local council — the inspector who decides your appeal has no connection to the council that refused your application.

The inspector will consider the application afresh, applying the same legal framework (the development plan, material considerations, national policy) but reaching their own independent conclusion. They are not simply reviewing whether the council made a reasonable decision — they are making their own decision on the planning merits. But they make it on the evidence the council had: under the expedited Part 1 procedure that now applies to most appeals on applications made on or after 1 April 2026, the inspector considers only the application, the decision notice, the officer report and committee minutes, the appeal form and the council's questionnaire (PINS procedural guide, para 7.3.2).

How PINS Works

Once you submit your appeal:

1. PINS validates it (checks it's complete and within time) and sets the start date
2. PINS notifies the council (the local planning authority, or LPA)
3. Under the Part 1 procedure, the council sends its questionnaire and the application documents within 5 working days; its officer report, committee minutes and decision notice form its case, and there is no statement of case (PINS procedural guide, paras 9.2.4 and 12.1.1)
4. Neighbours and others who commented on the application are told about the appeal. In a Part 1 appeal they cannot comment again, but their original comments are forwarded to the inspector (para 8.4). In Part 2 written appeals, hearings and inquiries they can comment at the appeal stage (para 8.5)
5. The inspector usually visits the site, considers the evidence and issues a decision letter

The decision letter is a detailed, reasoned document explaining the inspector's conclusions on each main issue. It's a public document and becomes part of the planning history for the site.

03

Three Types of Appeal

PINS offers three appeal procedures, in ascending order of formality and cost, and PINS, not you, decides which one your appeal follows (PINS procedural guide, para 6.2.2):

1. Written Representations (Most Common)

This is the default procedure for straightforward appeals — householder applications, minor developments, and cases where the issues are clear-cut. There are two versions (PINS procedural guide, paras 9.1.2–9.1.5):

• Part 1 (expedited). Every s78(1) appeal (refusal, conditions, prior approval, reserved matters, s73 and s73A refusals and others) on an application made on or after 1 April 2026 follows this procedure, unless PINS moves it to another one (paras 9.1.3–9.1.4). You explain on the appeal form why the decision was wrong, but you cannot add new evidence or arguments, and there are no statements of case and no fresh comments from neighbours (paras 9.2.2.1, 9.2.2.2 and 12.1.1).
• Part 2. Used for non-determination appeals, listed building consent appeals and appeals transferred out of Part 1. You submit a full statement of case with the appeal, the council can submit its own, and interested people can comment within 5 weeks (paras 9.1.5 and 9.3).

Appeals on applications made on or before 31 March 2026 follow the earlier procedural guide.

How it works:

• The inspector decides on the written material, without a hearing or oral evidence
• The inspector usually visits the site (usually unaccompanied)

Advantages: Fastest, cheapest, least stressful. Householder written appeals decided in June 2026 took a median of 11.6 weeks, and s78 written appeals 17.1 weeks, from valid appeal to decision (PINS statistical release 30 July 2026, Annex B).

When it's used: Most householder appeals and many minor application appeals. If the issues are factual and the evidence speaks for itself, written representations are ideal.

2. Hearing

A step up from written representations, involving an informal, round-table discussion led by the inspector.

How it works:

• Written statements are submitted in advance (as with written representations)
• The inspector then holds a hearing — typically a half-day or full-day session
• It's a structured discussion, not adversarial. The inspector asks questions, and both parties respond
• Third parties (e.g., objectors) can attend and may be invited to speak
• No formal cross-examination

Advantages: Allows the inspector to explore issues in depth and test the evidence through discussion. More personal than written representations.

When it's used: Cases where the issues are complex enough to benefit from discussion but don't require formal evidence testing. Examples: disputes about design quality, the weight to give to heritage impact, or the adequacy of highway evidence.

Timescale: Planning hearings took a median of 22.4 weeks from valid appeal to decision over the 12 months to June 2026 (PINS statistical release 30 July 2026, Annex A).

3. Public Inquiry

The most formal procedure, conducted like a court hearing.

How it works:

• Opening statements from both parties (often through barristers or solicitors)
• Witnesses give evidence under oath and are cross-examined
• The inspector manages the proceedings and asks their own questions
• Third parties can appear, sometimes with their own legal representation
• The inquiry may last several days or, for major schemes, several weeks

Advantages: The most thorough procedure. Allows full testing of evidence, including expert witnesses. The inspector hears directly from all parties and can assess credibility.

When it's used: Major developments, cases raising complex legal or policy issues, significant public interest cases, and cases where conditions or Section 106 obligations are disputed. Also used where the council or a third party requests it and PINS agrees the case warrants it.

Timescale: Planning inquiries took a median of 28.7 weeks from valid appeal to decision over the 12 months to June 2026 (PINS statistical release 30 July 2026, Annex A); large cases take far longer. Inquiries are resource-intensive for everyone involved.

Cost: Inquiries are expensive. Professional representation (barrister, planning consultant, expert witnesses) is a major cost for the appellant. Councils bear their own costs too.

04

Time Limits for Appeals

Missing the appeal deadline normally means losing your right to appeal: PINS says that if it does not receive the appeal and supporting documents within the time limit, it will not accept the appeal (PINS procedural guide, para 4.1). The limits below are from DMPO 2015 art 37 and para 4.1 of the procedural guide.

The 28-day enforcement rule. If an enforcement notice on the same or substantially the same development was served no more than 2 years before your application and before the decision, you have 28 days from the decision notice (or from the date the decision was due). If the notice is served after the decision, you have 28 days from service of the notice, where that is earlier than your normal deadline (DMPO art 37(2)(b)–(c); GOV.UK: how long you have to appeal).

The householder 12-week deadline is the one that catches people most often. It's much shorter than the standard 6-month window and reflects the government's desire to fast-track householder appeals.

05

How to Submit Your Appeal

Appeals are submitted online through the Planning Inspectorate's Appeal a planning decision service (PINS procedural guide, para 5.1). You'll need:

• The planning application reference number
• The decision notice (or evidence of non-determination)
• The original application form and plans
• Your reasons for appeal — in a Part 1 appeal, a brief explanation on the appeal form of why the council's decision was wrong, without repeating the application or adding new evidence; in any other procedure, a full statement of case (PPG Appeals, para 16-013; GOV.UK: make an appeal)
• For a non-determination appeal, copies of all the plans, drawings and documents you sent the council

For householder appeals using the written representations procedure, the process is streamlined — you fill in an online form and upload your documents. It's designed to be accessible without professional help, though many applicants still use planning consultants.

06

Costs Awards

This is the aspect of appeals that creates the most anxiety — and rightly so. The inspector can award costs against either party if they have behaved unreasonably and caused the other party to incur unnecessary or wasted expense.

When Costs Are Awarded Against the Council

The inspector may award costs against the council (meaning the council pays the appellant's appeal costs) if:

• The council refused the application without clear, precise, and substantiated reasons
• The reasons for refusal are not supported by evidence
• The council failed to produce evidence to support its case at appeal
• The council acted contrary to its own officer's recommendation without adequate planning reasons
• The council imposed unreasonable conditions that it couldn't defend at appeal

When Costs Are Awarded Against the Appellant

The inspector may award costs against you if:

• You appealed a decision that was clearly in line with the development plan and you provided no material considerations to justify departure
• You failed to substantiate your case with evidence
• You caused unnecessary delay or procedural waste

Partial Costs

Costs awards can be full or partial, reflecting only a portion of the other party's costs. In practice, successful costs applications most commonly arise where the council refused against officer advice and couldn't justify the decision at appeal.

Costs awards are not automatic. A party usually applies for them, though the inspector can also award costs on their own initiative (PINS procedural guide, para 3.2.3). Deadlines are strict: in a Part 1 appeal the appellant must apply in writing when the appeal is submitted; in a Part 2 written appeal, by the final comments stage; at a hearing or inquiry, before it closes (PPG Appeals, para 16-035). If you think the council behaved unreasonably, apply for costs. If you're worried the council might seek costs against you, make sure your appeal is well-evidenced and your case is credible.

07

Section 78 Appeals vs Enforcement Appeals

It's important to distinguish between Section 78 appeals (against a planning decision) and Section 174 appeals (against an enforcement notice).

Section 78 — Against a Decision

You applied for permission, the council refused (or imposed unreasonable conditions, or didn't decide in time), and you're asking the inspector to overturn that decision.

Section 174 — Against Enforcement

The council has issued an enforcement notice alleging a breach of planning control (e.g., you built without permission, or in breach of conditions). You're challenging the notice.

Section 174 appeals have their own grounds, set out in the Act. You can argue:

• (a) Planning permission should be granted for what's been done. In England this ground is not available where the notice was issued after a related planning application was made, unless more than 2 years have passed since that application stopped being under consideration (s174(2A)–(2AB))
• (b) The matters alleged haven't occurred
• (c) The matters don't constitute a breach of planning control
• (d) It's too late to enforce. The limit is now 10 years for every breach (s171B). The old 4-year limit still applies only where building operations were substantially completed, or a change of use to a single dwelling occurred, before 25 April 2024 (SI 2024/452 reg 5)
• (e) The notice wasn't properly served
• (f) The steps required are excessive
• (g) The compliance period is too short

Enforcement appeals are more complex and carry higher stakes — failure to comply with an enforcement notice is a criminal offence (s179). They are also slow: enforcement appeals decided in June 2026 took a median of 63 weeks (PINS statistical release 30 July 2026).

08

Appeal Success Rates

Nationally, 31% of s78 planning appeals and 36% of householder appeals were allowed in 2025/26 (i.e., the inspector overturned the council's decision, with split decisions counted as allowed; PINS annual tables 2.4a and 2.6a). The s78 rate was 31% again in April to June 2026 (PINS statistical release 30 July 2026). This varies by:

• Appeal type: Householder appeals (36%) succeed more often than s78 planning appeals overall (31%)
• Local authority: Some councils have significantly higher overturn rates, suggesting patterns of unreasonable decision-making
• Procedure: In 2025/26, 30% of s78 written-representations appeals were allowed, against 53% of hearings and 72% of inquiries (table 2.4a). Hearings and inquiries are used for fewer, larger and more contested cases, so this is not a reason on its own to ask for one

A success rate of around a third means most appeals fail. This isn't because the system is stacked against appellants — it's because most council refusals are based on sound planning reasons. The appeals that succeed tend to be ones where the council made a marginal or poorly-evidenced decision.

PlanWatch tracks appeal decisions alongside planning applications, helping you understand patterns and outcomes in your area — useful context when deciding whether to appeal.

Is It Worth Appealing?

Consider:

• How strong are the reasons for refusal? If they're based on clear policy conflicts and supported by evidence, your appeal is an uphill battle.
• Was the officer's recommendation overturned by committee? If the officer recommended approval and the committee refused, this significantly strengthens your appeal — and may support a costs application.
• Can you address the concerns? Sometimes a revised scheme (submitted as a new application) is faster than an appeal. It needs the full planning fee again: the free resubmission was abolished on 6 December 2023 (SI 2023/1197 reg 5). And if the fix is new evidence or amended plans, a new application is usually the only way to get them considered, because a Part 1 appeal will disregard them (PINS procedural guide, para 7.3.6).
• Can you afford the time and cost? Even a written representations appeal takes months. A hearing or inquiry adds cost and complexity.

09

What Happens After the Appeal Decision

If the Appeal Is Allowed

The inspector grants planning permission (or listed building consent, etc.). The permission may include conditions — the inspector can impose their own conditions, which may differ from those the council proposed.

The council must comply with the inspector's decision. It becomes part of the planning history for the site and has the same legal status as if the council had granted permission.

If the Appeal Is Dismissed

The refusal stands. You can:

• Submit a new application addressing the inspector's concerns (there's no limit on how many times you can apply)
• Accept the decision and move on
• In very limited circumstances, challenge the decision in the High Court under section 288 (see below)

10

High Court Challenges: The Last Resort

If you believe the inspector's decision was legally flawed — not that they got the planning judgement wrong, but that they made an error of law — you can challenge it in the High Court. There are two routes, and which one applies depends on who made the decision:

• An appeal decision (by an inspector or the Secretary of State) is challenged by a statutory review under section 288 of the TCPA 1990. You need the court's leave, applied for within 6 weeks beginning with the day after the decision (s288(4A)–(4B)).
• A council's decision (for example, a grant of permission an objector says was unlawful) is challenged by judicial review. The claim form must be filed within 6 weeks of the grounds first arising (CPR 54.5(5)).

These are the routes open to third parties (such as objectors) who disagree with either the council's original decision or the inspector's appeal decision; they have no right of appeal to PINS.

Grounds for a Challenge

• The decision-maker failed to take a material consideration into account
• The decision-maker took an immaterial consideration into account
• The decision was irrational (no reasonable decision-maker could have reached it — a very high bar known as "Wednesbury unreasonableness")
• There was a procedural unfairness (e.g., the inspector didn't give a party a fair opportunity to be heard)
• The decision-maker misinterpreted the law

Practicalities

• You must act within 6 weeks: under s288(4B) for an appeal decision, or under CPR 54.5(5) for judicial review of a council decision. (Outside planning, a judicial review claim must be filed promptly and in any event within 3 months (CPR 54.5(1)); planning decisions have the shorter 6-week limit.)
• You need the court's permission (leave) to proceed (a stage where a judge decides if your case is arguable)
• Legal costs are significant, and if you lose you can be ordered to pay the other side's costs. In an Aarhus Convention (environmental) claim, the costs an individual claimant can be ordered to pay are capped at £5,000 unless the court varies the cap (CPR 46.26); whether a planning claim qualifies depends on the case
• The court can quash the decision and send it back for reconsideration, but it won't substitute its own planning judgement

A High Court challenge is not a second appeal. It's a check on legality, not planning merits. Very few cases succeed, and the financial risk is substantial. Take professional legal advice before pursuing this route.

12

Summary

The planning appeal system exists to ensure fairness — giving applicants a right of independent review when their council refuses permission or imposes unreasonable conditions. It's a well-established process with clear rules, and around a third of appeals succeed.

The key things to remember: only applicants can appeal, time limits are strict and non-negotiable, choose the right procedure for your case, and be realistic about your chances. A well-evidenced appeal against a poorly-reasoned refusal has a strong chance of success. An appeal against a well-justified refusal based on clear policy conflicts is likely to fail — and could result in a costs award against you.

If in doubt, take professional advice before committing to an appeal. And whatever you decide, act quickly — those deadlines wait for no one.