A planning application can go through many stages and be decided in different ways, from short internal reports by planning officers to lengthy public inquiries.

This page provides background information on the process by which planning applications are considered by local planning authorities and on appeal before the Planning Inspectorate. Other pages provide information regarding our work on planning objections to local authorities and representing clients in planning appeals.

Planning Decisions by Local Planning Authorities

Planning applications are made to the council which serves as the local planning authority (LPA) in the first instance. The LPA must generally ensure that there is at least a 21-day period for the public to comment (though the requirements on who is notified may not always ensure interested members of the public know the consultation is happening). Certain applications will also require consultation with specific ‘statutory consultees’ – bodies such as Historic England (in relation to impacts on certain heritage sites); Natural England (in relation to potential impacts on certain protected areas), etc.

A council’s internal policies will dictate who actually serves as the decision maker within the LPA. Larger applications and those which are more controversial are generally made by a committee of elected Councillors after consideration of an “officer’s report” prepared by the Council’s planning team, whereas others can be made by a single council planning officer acting under “delegated powers”. For some large applications requiring environmental impact assessment, the process of considering the application materials and eventually making a recommendation to committee might take years, whereas many householder applications may be dealt with in as little as eight weeks.

We are often instructed at this stage by those seeking to persuade the LPA to refuse a planning application, and this can take the form of everything from a short letter pointing out a legal problem to a comprehensive objection including working with experts to append detailed technical materials. See our page on planning objections for more information.

If a planning application is granted, and a decision notice issued, unfortunately, the only route to challenge the decision is via judicial review.

If a planning application is refused by the LPA (or if the period during which the application is supposed to be considered lapses and the applicant seeks an appeal for “non-determination”) the applicant can appeal. There is no equivalent right for disappointed objectors.

Planning appeals

A planning appeal or inquiry is a formal procedure under s 78 of the Town and Country Act 1990 for determining a planning application that has been refused by the local planning authority (or appealed for non-determination). The appeal is made to the Planning Inspectorate (“PINS”) who will appoint an Inspector and case officer to manage the process

Types of appeal

There are three main procedures to determine an appeal – a so-called formal “public inquiry”, a less formal hearing, or by written representations without a hearing. Within the hearing and inquiry categories, PINS may also consider if a ‘combined procedure’ would be appropriate, such as a hearing with some elements dealt with by written representations or an inquiry with hearing (e.g. round table discussions) and/or written representation elements. In all types the appeal site will normally be visited.

An appeal by written representations is determined solely on written evidence/submissions. A hearing will usually involve the Inspector directing the discussion on an issue-by-issue basis in a roundtable format based on a schedule setting out how much time each issue will be allocated. At an inquiry, witnesses give evidence formally via “direct examination” – usually led by a barrister, and are then cross-examined by the opponent’s advocate. In both hearings and inquiries, there will usually be an opportunity for parties to give opening and closing statements, and there is time set aside for members of the public to make their representations; however this may be at the beginning, before the evidence is heard, which can mean that it is difficult for unrepresented parties to fully engage with the case put forward by an applicant.

Call In by the Secretary of State

A planning inquiry can also take place when the Secretary of State decides to call-in an application for his own decision – either to take it out of the hands of the LPA or to “recover” an appeal that normally would be dealt with by an Inspector. The Inspector (sometimes with assistant inspectors) will hear the inquiry and produce a detailed report for the Secretary of State, who will make the final decision.

Rule 6 status

Interested parties – local residents and community groups, even individuals, can apply for Rule 6 status at a planning inquiry (appeal or called-in application). Obtaining Rule 6 status allows an interested party to participate fully as a party at the inquiry, but also comes with certain responsibilities and may carry costs risks in certain cases.

Adverse Costs

If a party to an inquiry does not behave reasonably they leave themselves open to costs being awarded against them at the discretion of the Inspector. This would be on the basis that the behaviour had directly caused another party to incur expenses that would not otherwise have been necessary. Normally there is little or no adverse costs risk. However it does mean you need to be disciplined about conduct and not, for example, bring up something at the last minute that causes others’ time to be wasted.

Statutory Review

Where a party to an appeal is unhappy with the outcome and considers that the Inspector or Secretary of State has erred in decision-making, the decision can be challenged under s 288 of the Town and Country Planning Act 1990 to the Planning Court in a procedure known as a statutory challenge or statutory appeal. The procedure is very similar to judicial review.