There are three reasons for which you can appeal to the Planning Inspectorate:

• When the Local Planning Authority has not decided an application within the statutory 8 week period
• When a planning application has been refused
• When the applicant does not agree with one or more of the conditions attached to a planning permission

It should be noted that only the applicant can appeal against a planning decision; there is no third party right of appeal.

The appeal process can be time consuming and in some cases be expensive. Before taking this option you are advised to speak with a planning officer to see whether there are any amendments that can be made to your scheme which would result in an adequate compromise, which would make your proposal acceptable.

However, if an appeal is the only option, you have six months (or eight weeks for adverts) from the date of the planning decision notice or the date which the application expired to appeal to the Planning Inspectorate. The Planning Inspectorate is comprised of Planning Inspectors, which are appointed by the Secretary of State. When you appeal, an Inspector will be assigned to your case, who will listen to both sides of the argument and will come to an independent decision.

There are three ways in which an appeal can be dealt with:

• Written Representations - this is the quickest method. Both the appellant and the Council write statements that are considered by the Planning Inspectorate. A Planning Inspector will visit the appeal site.
• Informal Hearing - this is a discussion between the appellant and the Council, which is led by a Planning Inspector.
• Public Inquiry - this is usually a lengthy procedure where each side presents its case verbally and each side is cross examined by the other. This procedure normally involves professional representation.

The Inspector's decision is final and you have no further right of appeal except to the High Court on a point of law.

Appeal Forms are available from the Planning Inspectorate; alternatively an appeal can be submitted online at the Planning Portal website.