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Appealing Against a Planning Decision

If your planning application has been turned down, you can appeal to The Planning Inspectorate.

 

 

The time limits in which you need to submit your appeal to the Planning Inspectorate are as follows:

 

A. For householder applications, the time limit to appeal is 12 weeks from the date of the notice of the decision or determination giving rise to an appeal.

 

B. In other cases, appeals should be submitted to the Planning Inspectorate within six months of the date of the decision notice giving rise to the appeal.

 

C. Where we have failed to make a decision, an appeal against non-determination can be submitted up to six months after the expiry of the period we had for dealing with the application.

 

D. Where an Enforcement notice has been served on the same, or substantially the same, development the time limits to appeal are:

(i) 28 days from the date of the refusal or the expiry of the period which we had to determine the application, where the enforcement notice is served before the application is submitted;

(ii) 28 days from the date of the refusal or the expiry of the period which we had to determine the application, where the enforcement notice is served before the decision on the application is reached or the determination period has expired; or

(iii) 28 days from the date the enforcement notice is served, where the enforcement notice is served after the decision or expiry of the period which we had to reach a decision on the application, unless the effect would be to extend the period beyond the usual time limit for cases not involving an enforcement notice, as outlined above.

 

These time limits apply where an enforcement notice has been served no more than two years before the date of the application or where it is served on or after the date of the application, regardless of whether an appeal was lodged against the enforcement notice and provided the notice is not withdrawn prior to the expiry of the time limits outlined above.

Before you appeal against a decision, you should speak to a Planning Officer to see whether or not an amendment to your original application could resolve the issues.

 

It is possible to submit an Appeal On-Line and for third parties to track the process of a current Appeal via The Planning Casework Service on the Planning Portal.

 

You can also Track the Progress of an Appeal using our Online Planning System, Public Access.

 

You can also view a current Register of Planning and Enforcement Appeals lodged with the Council since .  This list is updated weekly.

 

There are a selection of Guidance leaflets available from the Planning Inspectorate.  View and download Guidance Leaflets from the Planning Inspectorate.

Useful Addresses

 

The Planning Inspectorate              

Temple Quay House                        
2 The Square                                 
Temple Quay                                  
Bristol                                             
BS1 6PN                                         

Tel: 0117 372 8000                        

Fax: 0117 372 8139                      

                                        

If you have an enquiry about Planning and Enforcement Appeals, please use our online planning enquiry form.

Contact Details

  • Development Management Support Officer
  • Council House, Saltergate, Chesterfield, S40 1LF
  • Telephone 01246 217178