When and how you can appeal or comment a building consent decision.

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9 January 2019
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When you can appeal

Your local planning authority makes decisions about listed building consent applications. You can appeal a decision if either:

  • you disagree with it
  • the decision was not made within 8 weeks

There’s no fee for appealing.

Only the person who made the application can appeal. If you did not apply, you can comment on an appeal instead.

Deadline for appealing

If you disagree with a decision, you must appeal within 6 months of the date on the decision notice from your local planning authority.

If they did not make a decision within 8 weeks, there is no deadline for appealing.

When you can expect a decision

Once your appeal has started, you’ll normally get a decision within 14 weeks but it can take longer

How to appeal

Make your appeal to the Planning Inspectorate.

If you want to appeal more than one decision you must make a separate appeal for each.

You need to send a copy of your appeal, including all the supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit copies of:

  • your original application
  • the site ownership certificate
  • the local planning authority’s decision notice (if they did not make a decision, submit a copy of the letter acknowledging your application)
  • all plans, drawings and documents you sent to the local planning authority
  • all correspondence with the local planning authority relating to the application
  • your appeal form, if you’re appealing by post or e-mail
  • any other documents that directly support your appeal, for example your full statement of case

You can upload these documents when you appeal online. Or send them by post or email to the Planning Inspectorate.

The Planning Inspectorate
Crown Buildings  
Cathays Park
Cardiff
CF10 3NQ

Wales@planninginspectorate.gov.uk

Comment on an appeal

Anyone can comment on a listed building consent appeal. Find the case on the appeals casework portal. The deadline for comments is 4 weeks after the start date of the appeal.

Your local planning authority must tell anyone who has commented on the application (‘interested persons’) that there’s an appeal. The local planning authority has to do this within a week of the appeal being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal.  

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. You’ll normally get a decision within 14 weeks of the starting date but it can take longer.

If anyone behaves unreasonably

You can apply for an award of costs if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.