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Planning Appeals

An applicant has the right to appeal against any refusal of planning permission or any condition imposed on a approval.

Details of appeals that have been made and decided are available to view using the Planning Inspectorate case search system.

Planning Appeals are lodged with the Planning Inspectorate, not with East Lindsey District Council. You can submit your appeal online via the Planning Inspectorate website. Appeals are considered by a Planning Inspector and most are conducted through writing, although some are decided by a hearing or a public inquiry.

 

Should I Appeal?

If your application is refused you have a right of appeal through the Planning Inspectorate. However, we recommend that you contact us before making your appeal. Some problems can be solved by making minor changes to your proposals.

At present, if you change your proposal and apply again within on year of the refusal, you won't have to pay another fee.

 

When can I appeal?

You can appeal in the following circumstances:

1. If you are refused permission.
2. If you think the conditions imposed on a permission are inappropriate.
3. If we have failed to approve details of a scheme which has already received outline planning permission.
4. If in approving details of a scheme we have imposed conditions that you think are inappropriate.
5. If we have failed to decide your application within the time allowed for the type of application.
6. If we have asked for extra information that we consider necessary to decide an outline application, but that you think is unnecessary.
7. If we refuse to accept a proposal for discharging conditions on a development.
8. If an Enforcement Notice is served on your property.

 

How long do I have to appeal?

Appeals against planning applications (non-householder application)

If your application is refused permission, you can lodge an appeal within 6 months of the date of the refusal.

If your application is granted, but you think that one or more of the conditions are unreasonable or unacceptable, you can lodge an appeal within 6 months of the date of the approval, or submit a new application to have them altered or removed.

 

Appeals against planning applications (householder applications)

If your application is refused permission, you can lodge an appeal within 12 weeks of the date of the refusal.

 

Appeals against enforcement notices

If you are served with an enforcement notice that you find unreasonable or unacceptable, you can lodge an appeal but this must be before the date on which the notice takes effect. 

Where an enforcement notice is served on a development after an application for substantially the same development has been refused, then you must appeal either within 28 days of the serving of the notice, or within 6 months of the date of the refusal of planning permission, whichever is the sooner.

 

Submitting the appeal

The appeal can only be submitted by or on behalf of the original applicant.

You can lodge an appeal by using the Planning Portal website.

Forms are also available from : Customer Support Unit,The Planning Inspectorate, Room 3/15 Eagle Wing,Temple Quay House, 2 The Square,Temple Quay, Bristol, BS1 6PN.

Phone: 0117 372 6372

All appeals will need to detail relevant grounds and reasons why you disagree with the decision of the Council. You will also be asked how you wish to proceed with the appeal. There are three approaches which can be taken:  written representations, a hearing, or a public inquiry. Which option you request will depend on the nature and scale of the development.  Most appeals are written representations.

For further information please refer to the Planning Inspectorate website.