Appeals & Making an Appeal

Viewing Appeal Information

The Government's Planning Casework Service (PCS), is an electronic document handling and tracking facility. Long term, it is intended to automate the links between the Planning Inspectorate and applicants/appellants, local planning authorities, Government Offices, DCLG, the National Assembly for Wales and other interested parties. The service will provide direct access to progress and decision information on the 20,000 or so cases handled by the Planning Inspectorate each year.

• Planning Portal guidance on using the Planning Casework Service search.
• Search for Appeals on the Planning Casework Service. If the documents for NNDC related appeals can't be viewed there, note the 8 digits of the NNDC Planning Reference , e.g. 20091234 and search the NNDC Register for the application.
• NNDC appeal information received since the last relevant committee meeting can be found on our weekly lists page.
• A list of new appeals, progress on current appeals and decisions can be found in the agenda or report document for each of the Development Control Committee meetings.

Making an Appeal

See the Planning Inspectorate pages or the Planning Portal Appeal pages for information on making an appeal.

If you as an applicant, are aggrieved by the decision of the local authority to refuse permission for your proposed development or, to grant permission subject to conditions, you may appeal to the Secretary of State for the Environment, Transport and the Regions in accordance with section 78 of the Town and Country Planning Act 1990, within 3 months of receipt of the notice.

The Secretary of State has the power to allow a longer period for the giving of a notice of appeal but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving of a notice of appeal.

The Secretary of State is not required to entertain an appeal if it appears to him that permission for the proposed development could not have been granted by the local authority, or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the statutory requirements to the provisions of the development order, and to any directions given under the order. He does not in practice refuse to entertain appeals solely because the decision of the local planning authority was based on a direction given by him.

Only the applicant has the right to lodge an appeal. This must be submitted to the Planning Inspectorate within 6 months of the decision notice being issued.

PLEASE NOTE - There is no right of appeal for third parties such as interested people or organisations in England and Wales

The Appeal Process

• The Secretary of State appoints Inspectors from the Planning Inspectorate to consider planning appeals.
• Inspectors will either be authorised to decide appeals or, in more important cases, will report to the First Secretary of State who will then issue a decision.
• All inspectors are impartial and are professionally qualified in planning or a related profession such as law or architecture.

Appeals can be expensive and time consuming for both the Council and the applicant. Applicants are encouraged to discuss the Council's decision with planning officers before making an appeal, to see whether an amended application could overcome the Council's objections.

The Planning Casework Service (PCS) can be used in England to make Enforcement Appeals (including Listed Building/Conservation Area Enforcement Notice appeals) and Lawful Development Certificate Appeals and to make Access Restriction Appeals under section 30(3) of the Countryside and Rights of Way Act 2000 in England. You can make an appeal online, search for an appeal case, or comment on an appeal, from the above link.

The Planning Inspectorate website gives contact details and information on the appeal process. Appeal Forms or Publications are also available.

The DCLG has information on Appeals in the PDF document Tree Preservation Orders: a Guide to Law and Good Practice.

If you have a specific query please contact North Norfolk District Council's Development Control Section.

• Tel: 01263 516143/ 516151 / 516150 or
• you can leave them a message via this website using the Contact Us link at the top of the page or
• you can e-mail planning@north-norfolk.gov.uk

Complaints are dealt with through the Local Complaints Procedure, or on a matter of procedure you may wish to complain to the Local Ombudsman.