Refusals and Appeals

Written representations appeals: the full timetable

7 min readBy PlanScope Editorial Team

A written representations appeal is measured from the start date the Planning Inspectorate sets. Here is the order of play, what each document is for, and where appellants most often lose ground.

A written representations appeal timetable runs from a start date the Planning Inspectorate sets, not from the day you press submit. Everything after that point is measured in working days and weeks from that single date, and the start letter you receive is the document that carries the binding deadlines. Miss one and the Inspectorate can refuse to accept the material. For a self-builder whose minor application has been refused, the whole process is paper only, there is no hearing to attend, and the case is usually decided on the documents plus a site visit.

The parts that trip people up are at the beginning and the end.

Getting the appeal in, and what makes it valid

The right of appeal comes from section 78 of the Town and Country Planning Act 1990 and belongs to the applicant alone. Neighbours who objected cannot appeal a permission, however strongly they feel about it.

Deadlines are set by article 37 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. Most planning appeals must be received within six months of the date on the decision notice. Householder appeals, and appeals against refusal of certain minor commercial applications, must be received within 12 weeks. The date on the notice governs, not the date it reached you, so diarise it the day it arrives.

An appeal has to go in complete. The Inspectorate expects your full statement of case with the appeal form, together with the application drawings, the decision notice and any documents you rely on. There is no later slot for the argument you meant to make. A refused application that went in with a thin covering letter is worth rebuilding properly at this stage, and a structured Planning Statement setting the scheme against each refusal reason gives the Inspector something to work through in order.

Validity is checked before anything else. Common defects are an unsigned form, a missing decision notice, an appeal made after the deadline and an appeal against a decision that was never actually made, which is a different route covered by the non-determination provisions.

The start date and what it sets running

Once the appeal is valid, the Inspectorate issues a start letter to you and to the council. That letter names the start date and lists every deadline in the case.

Do not work from a timetable you remember from a previous appeal. The periods have been revised more than once, they differ between the standard written representations procedure and the shorter householder service, and the Inspectorate publishes the current intervals in its procedural guide for planning appeals in England. The start letter is the authority for your case.

What the start date does is fix the order of play:

  1. The council returns its questionnaire and supporting documents.
  2. The council submits a statement, where the procedure allows one.
  3. Interested parties who commented on the application are invited to comment on the appeal.
  4. Both main parties submit final comments.
  5. The Inspector visits the site and issues the decision.

Householder appeals compress this. The council does not file a further statement, the representations made at application stage are forwarded, and the case moves to site visit quickly. That speed is the trade, and it is why the householder route suits a straightforward amenity or design refusal rather than a case turning on technical evidence.

The council questionnaire and the officer report

The questionnaire is due within five working days of the start date. It is a short form, but the attachments matter more than the form: the officer report, the decision notice, the consultation responses, the relevant local plan extracts and the site history.

Read it the day it lands. Two things are worth checking straight away. The first is whether the officer report matches the reasons for refusal, because committee refusals against officer advice often produce reasons that the council's own evidence does not support. The second is whether every consultee response is there, since a highway or drainage response that was neutral at application stage is useful and councils sometimes omit it.

If something is missing, ask for it early rather than raising it in final comments, when the council has no opportunity to reply.

When interested parties can comment

Everyone who made representations to the council on the application is notified of the appeal and given a window to write to the Inspectorate. The council also puts a site notice up. New objectors can join at this stage, and comments made at application stage are passed across, so an objection already made does not need repeating.

Third party comments go to you as well as to the Inspector. You can answer them in final comments, and you should, because an Inspector who sees an unanswered point about parking or overlooking has to weigh it. If you want the detail of how objectors participate, what objectors can do at appeal sets out the position from the other side of the counter.

Late representations are not automatically excluded, though the Inspectorate will consider whether accepting them is fair to both parties.

Final comments and their limits

Final comments are the narrowest document in the process. They exist to respond to what the other side and the interested parties have said, and nothing else.

This is where appellants lose ground. Introducing a new argument, a revised drawing or a fresh technical report at final comments stage will usually get it disregarded, and it can prompt the Inspectorate to ask whether the case should be handled differently. Amended plans are governed by the principle that a change can only be accepted where no party is prejudiced by the lack of opportunity to comment on it, which in practice rules out anything more than a very minor correction.

Keep the document short and anchored. Take each point the council made, identify the paragraph you are answering, and answer it. A two page final comment that deals with four specific assertions beats a ten page restatement of your original case.

Costs are also a live issue at this stage. An application for an award of costs has to be made during the appeal and needs unreasonable behaviour, not simply a decision that turns out to be wrong. Refusal without evidence, and refusal contrary to clear officer advice with no proper planning reason, are the classic grounds.

The site visit and the decision

Most written representations appeals are decided after an unaccompanied site visit, where the Inspector views the site from public land without speaking to anyone. Where the site cannot be seen properly from outside, or where access is needed through the house, the visit is accompanied by both parties. Nobody argues the case at an accompanied visit. You open the gate, you point out the boundary, and you stop talking.

Practical preparation helps more than advocacy. Cut back the vegetation obscuring the neighbouring window that the refusal turns on. Have the site plan and a tape measure available. If a viewpoint from a neighbour's garden is central, arrange access in advance and say so in your statement.

The decision arrives as a written notice with reasons. Appeals can be allowed, dismissed or allowed in part, and an Inspector who allows an appeal imposes their own conditions, which are often different from those the council would have used. If the decision goes against you, the only route is a statutory challenge in the High Court under section 288 of the 1990 Act on a point of law within six weeks, and the merits cannot be reargued. Where the refusal was procedural rather than substantive, appealing a refused prior approval covers a related route.

You can withdraw at any time by writing to the Inspectorate, and it costs nothing, though it does not refund the time already spent. Withdrawal makes sense where the council indicates it would grant a revised scheme, since a fresh application under the free go provisions may be quicker than seeing the appeal through.

If you are assembling the supporting documents for a fresh application instead, enter your postcode on PlanScope to see which reports the site is likely to need.

This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.

Frequently asked questions

How long do I have to lodge a planning appeal?

Article 37 of the Development Management Procedure Order 2015 gives six months from the date on the decision notice for most planning appeals, and 12 weeks for householder appeals and certain minor commercial refusals. The date printed on the notice governs, not the date it reached you, so record it as soon as it arrives.

Can I add new evidence after the appeal has started?

Rarely. The Inspectorate expects the appeal to be submitted in full, with your statement of case attached to the appeal form. Final comments exist only to answer what the other side and interested parties have said. New arguments, fresh technical reports or revised drawings introduced late are usually disregarded.

Can my neighbours appeal against a permission?

No. The right of appeal under section 78 of the Town and Country Planning Act 1990 belongs to the applicant. Third parties who objected are notified of an appeal and can write to the Inspectorate about it, and their comments are passed to the appellant, but they cannot start an appeal themselves.

Will the Inspector speak to me at the site visit?

Not about the merits. Most written representations appeals end with an unaccompanied visit from public land. Where access through the property is needed, the visit is accompanied by both parties, and the Inspector will look at what the parties point out without hearing argument. Practical access and clear sightlines matter more than advocacy.

What happens if I lose the appeal?

The decision is final on planning merits. The only route is a statutory challenge in the High Court under section 288 of the 1990 Act, made within six weeks and limited to points of law such as a failure to give reasons or to take a material consideration into account. Most appellants revise and reapply instead.

Sources and further reading

appealsplanning inspectoratewritten representationssection 78refusal

This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.

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