Appeal against a Planning Decision | Colchester Borough Council

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Appeal against a Planning Decision

TEST:

What to do if you have been refused planning permission or don't agree with a planning condition.

IN THIS ARTICLE

  • When you can appeal
  • How long it takes
  • How you can appeal

If you have been refused planning permission, or you don't agree with a condition imposed, you have the right to appeal.

The person who applied for planning permission can appeal against our decision if:

  • They consider the refusal of planning permission unfair in planning terms
  • They consider the conditions imposed to be unreasonable
  • The application has not been decided within the statutory time limit

An appeal is made to the Planning Inspectorate who acts for the Secretary of State and is independent from us.

You have different time periods to make an appeal and you should check the notes on your decision notice which will advise you on your case.

If it's a householder development this is 12 weeks. In other cases, it can be up to 6 months.

An appeal can take the form of:

  • Written representation
  • Informal hearing
  • Public inquiry

Costs can be awarded against either party (including you) if they are deemed to have acted unreasonably so you should carefully consider if you have adequate grounds for appeal.

There is no third party right of appeal. Only the applicant can appeal against a planning decision.

Read more on the Planning Portal

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