Can I appeal against the Council's decision about my Planning Application?

• Only applicants have the right of appeal against a decision of the Council and the appeal decision is final unless defective on a point of law.
• If an applicant is aggrieved by the decision of the Council to refuse planning permission, or to grant planning permission subject to conditions, he or she may appeal against the decision to the Planning Inspectorate. Details of how to appeal are included in the notes attached to the decision notice. An appeal may also be lodged if the Council has not made a decision within eight weeks of the application being registered.
• The procedure for lodging an appeal involves completion of a form that can be obtainable from the Planning Inspectorate or alternatively please click on the link below to download a copy of the appeals form. Please note that copies of the Form must be returned to the Inspectorate and the Council.
• An appeal must normally be lodged within six months of the date of decision or of the date by which a decision should have been given, in the case of an appeal against non-determination. In the case of an advertisement appeal, it should be lodged within eight weeks of the date of the decision.

Can I appeal against the Council's decision about a planning application if I am not the applicant?

No, Only the applicants have the right of appeal against a decision of the Council and the appeal decision is final unless defective on a point of law.

However if you consider the Council has erred on a point of law you may apply for a judicial review.

How are planning appeals dealt with?

Appeals are dealt with in one of three ways:

Written Representations: This is where the appellant and the Council each put their case in the form of written statements. An Inspector considers the written evidence and visits the site before giving a decision. This is the most common way in which appeals are decided.

Public Inquiry: At a public inquiry, each side is usually legally represented and the case is put verbally to the Inspector, with the right to cross examine the evidence of witnesses. The Inspector can also question each side to clarify evidence.

Local Hearing: This method of dealing with appeals is less formal than the public inquiry, in that it dispenses with the legal representation and allows each side to put their case to the Inspector in person.

How does an application for retrospective planning permission work?

• The Council must look at an application for retrospective planning permission as if the unauthorised use or buildings had never happened. This means the Council is also able to decide whether the unauthorised development should be permitted or removed.
• The Council can also decide to put conditions upon the retrospective planning permission.
• If a retrospective planning application is refused, an appeal can be lodged by the applicant with the Planning Inspectorate.

If you find yourself wishing to make an appeal, you may find it useful to contact a planning consultant or a solicitor for advice.

Appeals must be made on a form, which is obtainable from:

The Planning Inspectorate
Customer Support Unit
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

Main switchboard: 0117 372 8000
Fax: 0117 372 8139

Alternatively, you can visit the Planning Inspectorate website  (External Link) - where you will find that all the appeal forms and questionnaires can also be downloaded in portable document format. The guidance publications they have produced for all types of appeals, including Advertisement, Planning, Enforcement and Lawful Development Certificate appeals, can also be read on their site.

The Council has a supply of two of their free publications, namely the 'Guide to taking part in planning appeals' and 'Guide to taking part in enforcement appeals'. A request for either of these to be posted to you, can be submitted from the Planning Publications page.

Contact Details

Planning - Development Control

Email - planning@chester.gov.uk

Opening hours - 8.30am - 4.45pm

Phone number - 01244 402404

Fax - 01244 320946

Address - Development Control, Development Directorate, Chester City Council, The Forum, Chester, CH1 2HS