Can I appeal against a planning application?
If you are the applicant, there is a right of appeal against most planning decisions taken by Ashford Borough Council. You can appeal if:
- No decision has been reached on the application within the statutory eight week period (13 weeks for major applications)
- The application is refused
- We have granted permission but you disagree with any of the conditions that have been imposed
Information on appeals is provided with the decision notice in every case where a right of appeal applies. There is no right of appeal for third parties (this includes neighbours) or interested organisations. Further advice is available at the Planning Portal.
How can I appeal and how are planning appeals dealt with?
The applicant can appeal to the First Secretary of State for England. All appeals are administered by the Planning Inspectorate.
- Householder appeals: This is an appeal process for householder applications. Third parties do not have the opportunity to make further representations to the Planning Inspectorate
- Written representations: This is the most common method and involves written submissions from the person making the appeal (appellant) and us. All those concerned including third parties can make comments to the Planning Inspectorate
- Hearing: This type of appeal involves an informal discussion of the issues, which is lead by the Planning Inspector following written submissions. Third parties can also make representations to the Planning Inspectorate
- Public inquiry: This is the most formal of the appeal processes and is usually reserved for cases that are complex, controversial or need witnesses to be cross examined. Third parties can also make representations to the Planning Inspectorate
How do I view appeal information?
All appeals and the documents submitted with them can be viewed on our Application Search pages. All you have to do is search for the application reference or the address. Some appeals and documentation can also be viewed at the Planning Inspectorate website.
How do I comment on an appeal?
If you made a comment about the original planning application, it will be sent to the Planning Inspectorate. If you would like to comment on an appeal, send your comments to the Planning Inspectorate, at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN, within six weeks of the start date of the appeal. Quote the planning appeal reference number (that will usually have the prefix APP/E2205/).
How long do I have to appeal?
Appeals must be made within a strict time limit from the date of the decision as listed below but please note that the rules changed on 1 October 2013 and you should also check the planning portal:
- Refusals of householder applications - 12 weeks from the date of the decision notice
- Refusal of advertisement consent - eight weeks from the date of the decision notice
- Refusals of minor commercial applications - 12 weeks from the date of the decision notice
- All other application types - six months from the date of the decision notice
- Appeals against non-determination - within six months of the expiry date of the application
Please note - for householder appeals neither the applicant, council or interested parties have the opportunity to make further comments.
Appeals relating to enforcement notices or refusals of planning applications on sites which have enforcement notices have different timescales. These are normally 28 days but further information is available at the Planning Portal.
Recent changes to the appeal system
From 1 October 2013 the government introduced changes to the way the appeal system works including:
- How quickly some appeals have to be made, and
- The information that has to be provided with an appeal
More information is available from the Planning Inspectorate [pdf] 451KB.