How and when to appeal against a decision or notice
You have 28 days to appeal a planning or building decision or notice. Note that day 1 includes the date of decision, for example, if a decision is dated 1 January 2017 then an appeal must be received by close of business on 27 January 2017. You can find the date of the decision on the decision notice or on any notice requiring action.
The time limit is strictly applied and only in the most exceptional cases can an extension of time be granted.
Starting your appeal
To start your appeal, you'll need to fill in the relevant form and submit it to the Judicial Greffe with the applicable fee. You can get a form from the Judicial Greffe at the Royal Court House, Royal Square or download it below.
The form asks you to explain why you disagree with the decision or with what the notice is asking you to do. At this stage you only need to provide a brief outline.
Once the appeal is accepted you'll have 28 days to submit full details about your reasons for appealing. If your appeal isn't accepted the Judicial Greffe will tell you why.
Appeal of a planning decision form
Appeal of serving of a notice form
Appeal against immediate action form
Judicial Greffe's guide to submitting an appeal
Who can appeal
You can appeal against a decision or notice if:
- you have been refused planning or building permission
- you disagree with a condition attached to a planning or building permission
- you've made a written statement about an application where planning permission has been granted, and you live or have an interest in land within 50m of the application site
- you've had a notice requiring action served on you (eg an enforcement notice)
- you own or occupy a building or land where a building, place or tree has been listed
- you own or occupy a building or land where the de-listing of a building, place or tree has been refused
- you own a building or land where a decision has been made to revoke or modify a planning permission
Cost of an appeal
The cost of an appeal is set out on the relevant appeal forms and summarised in the Judicial Greffe’s guide.
The appeal process and how it works
Once you have submitted your appeal, the Judicial Greffe will ask everyone involved to submit their cases. At this stage, an inspector will become involved.
We'll consider some appeals based on written statements, while others will involve a hearing chaired by the inspector (the appeal form explains where this might happen).
If you'd like a hearing, you can ask the inspector to consider it.
Once your appeal is accepted, you have 28 days to submit your full arguments. After this deadline, everyone involved will receive each other's cases and you'll have 14 days to comment on the other side's arguments. You won't be able to raise any new issues during this period.
The inspector will then consider your appeal.
Once the Minister for the Environment makes a decision on your appeal, the Judicial Greffe will let everyone involved know the outcome.
How long your appeal will take
We'll try to make a decision on your appeal around 10 weeks from the date it was accepted. Make sure you meet all submission deadlines, as we can't accept any information received late.
How your appeal is decided
The Minister for the Environment will make the decision on your appeal.
The minister will take advice from the inspector appointed to consider the appeal. The minister doesn't have to follow that advice, but must explain why it wasn't followed.
The inspector's advice to the minister will be released at the same time the decision on your appeal is issued.
Fair consideration of your appeal
The Judicial Greffe administers appeals against planning and building decisions so that your case is considered independently of the Department of the Environment.
The system makes sure that everyone involved in an appeal has the chance to make their case. The Department of the Environment will be treated the same as any other party involved, and it must follow the same rules.
The minister won't be involved in any initial decision. The first time the minister will be asked to consider any details of the case is when the inspector submits the report.
SPG Appeals - Practice Note 3