Appeals (Planning)

Appeals (Planning)

You have a right to appeal to the Secretary of State against a number of planning decisions made by Fylde Borough Council or any local authority. They include:

1.  Refusal of planning permission
2.  Imposition of condition(s)
3.  Failure to determine an application within 8 weeks
4.  The service of an enforcement notice
5.  Refusal to permit removal or works affecting trees covered by TPO’s

An appeal can only be made by the applicant/agent. Third parties do not have a right of appeal.

There are 4 different types of appeals:

Major Public Inquiry

Where the proposal has such important national/regional implication's.

Public Inquiry

About 8% of appeals are conducted by a Public Inquiry. They tend to be large developments, e.g. superstores and motorway service areas. A public inquiry is similar to a court case and has barristers and expert witnesses.

Hearing

This is a type of ‘round table’ discussion led by the Inspector and is much less formal than a public inquiry.

Written Representation's

This is the most common type of appeal - about 73% of all appeals are conducted in this way.  A written representation is suitable for smaller developments where issues are straightforward.

NB :  An award of Costs can be made on all of above, except written representation cases.

Appeal Forms are available on request from:
The Planning Inspectorate
Customer Support Unit
Temple Quay House
2 The Square
Temple Quay
BRISTOL
BS1 6PN

Telephone 0117 372 6372

More information regarding planning appeals can be obtained from the planning Inspectorate at https://www.gov.uk/appeal-planning-decision (external link) https://www.gov.uk/government/organisations/planning-inspectorate