Current and recent appeals
- Search for current and recent appeals [external link]. Please select Darlington Borough Council in the Local Planning Authority field.
- Submit a new appeal through the online appeal service [external link].
When can I make an appeal?
You can appeal against the decision in the following circumstances
- if your local planning authority refuse the application
- if your application has been granted with conditions you think are inappropriate
- if the local planning authority does not give notice of the decision within the statutory period
These rights of appeal apply to all types of planning applications.
There is also a right of appeal if you have been served with an enforcement notice against an alleged breach of planning control.
Who can make an appeal?
In England and Wales, a planning appeal can only be made by the same applicant of the refused planning application.
If preferred, an agent may act on their behalf. Third parties who have objected to a planning application cannot appeal.
Should I appeal?
In all cases you are advised to look carefully at the reasons why the application was refused.
Before submitting an appeal it is important to discuss the issues with the relevant case officer.
You might be able to see if any matters can be resolved without going to an appeal.
In the case of a refusal of permission it may be possible to resolve the issue by making suitable modifications.
Often there is no fee if you resubmit an application within a year.
Who deals with appeals?
All appeals are administered by the Planning Inspectorate [external link]. This is an executive agency of the Ministry of Housing, Communities & Local Government MHCLG [external link].
An inspector is appointed to look at the case independently and the issues put forward by the appeal.
They will also consider the Local Planning Authority and any interested parties.
The decision on the appeal is final. It can only be challenged in the High Court on a point of law.
What is the time limit for making an appeal?
- For standard appeals it is important that the Planning Inspectorate receives all appeal documents within 6 months of the decision note.
- For Advertisement appeals it is important that the Planning Inspectorate receives all appeal documents within 8 weeks of the decision note.
- For enforcement notice appeals it is important that the Planning Inspectorate receives all appeal documents before the date on which the notice takes effect.
- Appeal time limits information [pdf document].
Where can I get the appropriate forms?
Appeal forms are available from the Planning Inspectorate [external link].
It is important when requesting forms that you mention what type of appeal you are making.
This is because there are different forms for each type of appeal. If you are downloading the form from the website it is important to read the notes. This will ensure you are selecting the correct form.
How long does an appeal take?
Around 80% of appeals are dealt with by ‘Written Representations’. This is the quickest method.
It usually takes around 16 weeks for planning appeals and 32 weeks for enforcement appeals. However, the appeal can be heard by a person appointed by the Secretary of State. In this instance it will take 30 weeks for planning appeals and 33-43 weeks for enforcement appeals.
What will the Local Planning Authority do?
When an appeal is made the Local Planning Authority will notify everyone who made representations on the original application.
This will let them make any further representations if they wish to do so. This correspondence must be sent to the Planning Inspectorate.
It will then be copied to the person making the appeal and the Local Planning Authority. The letter will set out a strict timetable for the appeal. If the letters are late they are not taken into account.
Please note that in the case of a householder application any representations made by the applicant will be passed to the Secretary of State.
There will then be no opportunity for further representations.
The Local Planning Authority will produce a statement outlining its case.
This will be available for inspection by members of the public. Due to the right deadlines of an appeal it is advised that anyone who wishes to comment to not delay them.
The decision on the appeal is final. This can only be challenged in the High Court on a point of law.
Where can I find more information on making an appeal?
Brief details on the right to appeal are sent with the decision notice or enforcement notice. Detailed information on planning appeals can be found on the Planning Inspectorate website.
As an alternative the Planning Inspectorate Customer Support Unit and Customer Support Line Service provides a single point of contact.
For more information about making an appeal or the functions of the Planning Inspectorate please visit the Planning Inspectorate website [external link].