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When and how you can appeal a commercial development decision.

First published:
9 January 2019
Last updated:

When you can appeal

Your local planning authority makes decisions on applications about minor commercial developments, for example ground floor alterations like shop fronts and security shutters.

You can appeal a minor commercial development decision if you disagree with it.

There’s no fee for appealing.

Only the person who made the application can appeal.

Deadline for appealing

You must appeal within 12 weeks of the date on the decision notice from your local planning authority. If you’ve received an enforcement notice you must appeal within 28 days of the notice.

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 also 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 local planning authority’s decision notice
  • any plans, drawings or documents relating to the application which weren’t sent to the local planning authority
  • your appeal form, if you’re appealing by post or email

Do not send:

  • any plans, documents or drawings relating to application amendments made after   the decision

You’ll also need to submit 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

No-one can comment on a minor commercial development decision appeal.

Your local planning authority must tell anyone who has commented on the original application (interested persons) that there’s an appeal.

They have to do this within 5 working days 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 8 weeks of the starting date.

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.