Planning appeals

Only applicants for Planning Permission may appeal to the government Planning Inspectorate against a refusal of permission, the imposition of a condition they feel is unreasonable or the failure of the Council to determine an application within eight weeks.

Wirral has a very good record in defending its decisions on appeal. Prospective appellants are recommended to contact us to explore ways of overcoming the Council's objections.

How To Make An Appeal

If the application is refused, or if the Council do not make a decision on it (appeal against non-determination), the applicant may appeal to the Secretary of State for the Environment.  For householder appeals where the application has been refused the appeal must be submitted within 12 weeks of the date the decision notice.  For all other tpyes of applications (refusals, non-determinations or against the grant of planing permission subject to conditions) appeals  must be made within 6 months of the date of the decision notice. Appeals must be made on a form, which is obtainable from the Planning Inspectorate - see the address below, or from the Planning Portal website.  

How to Make Representations on An Appeal

You will be notified if an appeal is received but will only have the opportunity to make further comments in the event of all other types of appeal other than householder appeals.  In the event of a householder appeal, any representaions made at the planning application stage will be considered by the Planning Inspector when determining the appeal and there is no opportunity to make further representations.

Appeal forms and guidance can be downloaded from the Planning Inspectorate or the Planning Portal. Alternatively they can be obtained from the following address:

The Planning Inspectorate
Customer Support Unit
Temple Quay House
2 The Square
Temple Quay
BRISTOL
BS1 6PN

Telephone: 0117 372 6372

You can make an appeal online by using the Planning Portals Planning Casework Service, which is developed and managed by the Planning Inspectorate. The Planning Casework Service lets you submit and retrieve appeals for certain types of case online. It currently relates only to cases in England.

Changes to the Appeals Process

Important changes to the Appeals process come into force on 6 April 2009.  The main changes are summarised as follows:

• The Planning Inspectorate will determine the appeal procedure to be followed for all planning and enforcement cases.
• A new, expedited process for householder appeals which are suitable for written representations, to be known as the "Householder Appeals Service"
• An extension of the Costs regime to planning appeals and other planning proceedings dealt with via written representations.
• Hearings and Inquiries Rules will be changed to remove the 9 week written comment stage. There will still be the opportunity at the hearing or inquiry itself to make comments. 
• Inquiries Rules will be changed to require the submission of Statements of Common Ground 6 weeks after the appeal's start date, rather than 4 weeks before the inquiry event itself (as now).

One of the main changes relates to householder appeals.  These changes apply to all householder planning applications, including refusals against conditions on householder applications (not appeals) submitted on or after 6 April 2009.  This is to be known as the Householder Appeal Service (HAS)

The main changes to householder appeals are:

• The time limit for making a Householder Appeal will be reduced to 12 weeks from the decision date.
• Third parties will not be given another opportunity to comment although they will be notified of the appeal.
• The report (delegated or committee) and decision notice will form the basis of the Councils appeal case. No further written statements will be able to be submitted.
• The Council will provide the Planning Inspectorate with an electronic case file. This will include the appeal questionnaire and all the relevant documents and plans, including third party letters of representations. 

Guidance on the appeal process can be found via the Planning Portal Appeal service