- Who decides
- A Planning Inspector, independent of the Council
- Householder deadline
- 12 weeks from the date on the decision notice
- Most other appeals
- 6 months, including conditions and non-determination
- Inspectorate fee
- None for a planning appeal
- Our fee
- Fixed, £500 to £1,000 for the written procedure
Figures checked against official sources on 15 September 2026.
The appeal rules changed on 1 April 2026
For planning applications submitted on or after 1 April 2026, most appeals against a refusal follow the Planning Inspectorate's Part 1 written procedure. The Inspector decides the appeal on what the Council already had in front of it.
What the Inspector considers
- The application the Council decided, with its plans, supporting documents and the comments made by neighbours and consultees
- The Council's decision notice and its reasons for refusal
- The planning officer's report and any committee minutes
- Your appeal form, which sets out why the decision is wrong
- The Council's appeal questionnaire, due within 5 working days of the start date
New evidence is not accepted unless circumstances have materially changed, for example through a new policy, a relevant court judgment or a relevant decision on another application or appeal. Neighbours cannot comment at the appeal stage, but the comments they made on the application go to the Inspector.
Non-determination appeals and listed building consent appeals follow the Part 2 procedure, which includes a full statement of case and final comments. Appeals on applications made before 1 April 2026 follow the Inspectorate's earlier procedural guide.
The appeal is only as strong as the application behind it, and the reasons on the appeal form are normally your only chance to explain why the Council got it wrong. We write those reasons against each reason for refusal, using the evidence the Council already had, so nothing is set aside as new material.
Source: Planning Inspectorate procedural guide for appeals relating to applications dated on or after 1 April 2026, last updated 16 July 2026.
Who can appeal, and against what
Only the person who made the application can appeal. There is no third-party right of appeal in England, so a neighbour cannot appeal against a permission. You can appeal when the Council:
- refuses planning permission, a householder application, prior approval, listed building consent or advertisement consent
- grants permission with conditions you object to
- does not decide a valid application within the statutory period, 8 weeks for most applications and 13 weeks for major development: a non-determination appeal
- serves an enforcement notice, which must be appealed before the date it takes effect: see enforcement notice appeals
- refuses a lawful development certificate
If the problem is a condition, a section 73 application to vary or remove it is often the safer first step, because a refusal leaves the original permission in place.
Planning appeal deadlines
The time limit runs from the date on the decision notice, not the day it reached you. The Planning Inspectorate does not accept an appeal that arrives after the time limit.
| Decision you are appealing | The Inspectorate must receive the appeal |
|---|---|
| Householder application refused, including prior approval for a larger rear extension | 12 weeks from the date on the decision notice |
| Minor commercial application refused, such as ground-floor shopfront works | 12 weeks from the date on the decision notice |
| Householder or minor commercial permission with conditions you object to | 6 months from the date on the decision notice |
| Any other planning application refused, or granted with conditions | 6 months from the date on the decision notice |
| No decision in time (non-determination) | 6 months from the date the decision was due |
| Listed building consent | 6 months from the decision, or from the date it was due |
| Advertisement consent | 8 weeks from the decision, or from the date it was due |
| Enforcement notice | Before the date the notice takes effect, which is stated on the notice |
| Lawful development certificate | Normally no deadline, or 6 months for a listed building certificate |
| Any application where an enforcement notice covers the same development | Can fall to 28 days |
Sources: Planning Inspectorate procedural guide, April 2026 and GOV.UK, appeal a decision about a lawful development certificate.
The three procedures
You can say which procedure you prefer. The Planning Inspectorate decides.
- Written procedure. The great majority of appeals, decided on paper plus a site visit. Part 1 applies to most refusals on applications made from 1 April 2026. Part 2, with a statement of case and final comments, applies to non-determination and listed building consent appeals.
- Hearing. A round-table discussion led by the Inspector, for cases where the issues benefit from being talked through.
- Inquiry. Formal, with advocates and cross-examination. Proportionate for major schemes, rarely for anything small.
How we handle your planning appeal
One qualified and experienced planning consultant runs your appeal, from the first read of the refusal to the Inspector's decision.
- Read the decision. We go through the decision notice, the officer's report, any committee minutes and the consultee comments, and give you an honest view of the prospects before you instruct us.
- Choose the route. Appeal, or a revised application. If a design change would overcome the refusal, we say so, because that is what the Inspectorate expects. We confirm which procedure applies to your case.
- Prepare and lodge the appeal. We write the reasons for appeal against each reason for refusal, prepare a statement of case where the procedure allows one, notify any other owners of the land and lodge everything through the Planning Inspectorate's online service, with a copy to the Council.
- Manage it to a decision. We deal with the Inspectorate, arrange access for the site visit, apply for costs where the Council has behaved unreasonably, attend a hearing where the procedure requires it, and explain the Inspector's decision and your next step as soon as it lands.
How long an appeal takes, and how many succeed
The Planning Inspectorate publishes decision times every quarter. These are the medians for appeals decided in June 2026, measured from a valid appeal to the decision letter.
| Appeal type and procedure | Median |
|---|---|
| Householder appeal, written | 11.6 weeks |
| Planning appeal (section 78), written | 17.1 weeks |
| Planning appeal (section 78), hearing | 18.6 weeks |
| Enforcement appeal, written | 66.6 weeks |
Between April and June 2026, 31% of section 78 planning appeals were allowed: 29% of those decided in writing, 53% of those decided at a hearing and 57% of those decided at an inquiry. National figures do not predict your case. The reasons for refusal, the policies behind them and the evidence already on the file do, and that is what we assess before you instruct us.
Source: Planning Inspectorate statistical release, 30 July 2026.
Appeal, or submit a revised application?
The Planning Inspectorate's guidance is clear: if amending the scheme would overcome the reasons for refusal, make a new application. An appeal is for a refusal that is wrong about the scheme as it stands. Our guide to what to do after a refusal covers the other options.
| Question | Appeal | Revised application |
|---|---|---|
| Who decides | A Planning Inspector, independent of the Council | The same Council |
| Fee to lodge | None | A new Council fee, £548 for a householder extension in England |
| Can the scheme change? | No. The Inspector decides the scheme the Council refused | Yes. The design can change to answer the reasons for refusal |
| Can new evidence be added? | Not in most appeals on applications made from 1 April 2026 | Yes |
| Typical time | Median 11.6 weeks for householder appeals and 17.1 weeks for written planning appeals | 8 weeks from a valid application, unless extended by agreement |
| Best when | The refusal misreads policy or overstates the harm | A design change would overcome the objection |
What a planning appeal costs
Every fee is fixed and confirmed in writing before work starts.
Planning appeal, written procedure
Refusal, non-determination or enforcement notice
Hearings, larger schemes and complex enforcement cases
Appeals heard by an Inspector, and enforcement notices with several grounds
There is no Planning Inspectorate fee for lodging a planning appeal. An enforcement appeal that asks for planning permission to be granted, known as ground (a), carries a fee for the deemed planning application.
Each side normally pays its own appeal costs. Either side can apply for an award of costs if the other behaves unreasonably and causes unnecessary expense, for example where a Council cannot support a reason for refusal with evidence. We make that application only where the facts justify it.