Planning Inspectorate
1. Introduction
Before you make your appeal, you should enter into discussions with the local planning authority (LPA). We encourage you to continue these discussions, during the appeal. This will help to narrow the areas in dispute.
You should make your appeal only when all else has failed.
2. System availability and system requirements
Our online facilities will usually be available 24 hours a day. We will sometimes need to take the system out of service for a while to implement upgrades. Wherever possible, we will do this outside of usual office hours.
Please see our guide to communicating electronically with us.
3. Registration:
You need to create an account with us to make an appeal or make representations on an appeal. Registering will enable you to access our full range of electronic services, including a personal homepage.
To create an account or log in if you already registered, please use the Appeals Casework Portal.
Personal homepage
There are six headings on your personal homepage:
- Make a new appeal you can submit a new appeal here
- My cases You can view your submitted appeal forms here - these will not be editable as they have already been submitted to us (you will have been emailed a PDF version of any appeal form you have submitted)
- My representations You can view your submitted representations here - this will include any representations you have submitted for your own cases and any representations which you may have submitted for other cases which you are interested in (these will not be editable as they have already been submitted to us - you will have been emailed a PDF version of the form upon submission)
- Search for a case/submit representation - search for a case using the quick search facility using the 7-digit case reference number or you can search using other criteria (such as site address) with our advanced search
- Awaiting submissions - access any of your appeals or representations which you are still working on using this facility - please note that any appeals or representations which are still awaiting submission after 180 days will be automatically deleted
- Watched cases - watch any cases which are of interest to you using this facility. Once you have found a case which you want to follow, you can click the Watch case button on the Case Summary screen. The case will then be added to your Watched cases list. If at any time you want to remove the case from your list, simply click the Stop watching button on the Case Summary screen or click the red x button on your homepage.
My details
This is where all the details you entered when creating your account are held. If at any time your details change, you should make amendments to them through this page. It is your responsibility to keep your details up to date.
You cannot change your name once your account has been created.
If you make a change to your address details or telephone number then these details will be updated instantly on your account.
If you change your email address, you will be sent an email confirming this change and asking you to verify the new email address. Once verified, your account will be updated.
You can change your password using the Change Password button. You will be sent an email confirming that a change has been made. You will then need to log into your account again, using your new password.
4. Before you make an appeal deadlines and eligibility
LPAs determination period
The LPA should have determined the Biodiversity Gain Plan within 8 weeks beginning with the day after the date the LPA received the plan, or such longer period as may have been agreed in writing by the LPA and the person who submitted the plan.
Appeal deadlines
If you want to appeal against the LPAs decision to refuse the Biodiversity Gain Plan, we must receive the appeal within 6 months of the date on the LPAs refusal notice.
If youre appealing against the LPAs failure to determine the Biodiversity Gain Plan, we must receive the appeal within 6 months of the date the LPA should have determined the plan (i.e., unless a time extension was agreed in writing, 8 weeks beginning from the day after the date you submitted the plan).
If we do not receive your appeal and supporting documents within the time limit, we will not accept your appeal.
Who can appeal
Only the person who submitted the Biodiversity Gain Plan to the LPA can appeal.
Application for appeal costs
You and the LPA normally must meet your own appeal expenses.
If a party does not behave reasonably during the appeal process, they leave themselves open to costs being awarded against them. This would be on the basis that the behaviour had directly caused another party to incur expenses that would not otherwise have been necessary. Costs may be awarded in response to an application for costs by one of the parties. Also, the Inspector may make an award of costs even if none of the parties have made an application. There is guidance about costs awards in the Ministry of Housing Communities and Local Governments (MHCLG) planning practice guidance.
Before you appeal, it is important that you read this guidance because it explains how, and on what basis you can make an application or have an application made against you.
5. Completing the appeal form
Once you have logged into your account, start the appeal process by clicking on Make a new appeal.
In this section, we use the same headers as within the appeal form.
Enter the name of your local planning authority
Here you should type in the name of your local planning authority. As you type, possible matches will be returned. You can then select the correct one from the list. Note you cannot change your local planning authority once you are in the appeal form.
Selecting your appeal form
You will be asked a series of questions about your appeal, with each answer you give determining the next question. You may need to consult your application documents, including any decision issued from your LPA.
You will be asked whether the appeal relates to a Planning Application, an Enforcement Notice, a Lawful Development Certificate or an Advert Application/Discontinuance Notice. Select Planning Application.
You will be asked whether your appeal relates to Planning or Listed Building Consent. Select Planning.
You will next be asked questions about the type of development that planning permission was granted for. Answer these questions using the description of development on the planning permission.
You will then be asked your reason for making an appeal. Select Refused to approve any matter required by a condition on a previous planning permission.
If you believe that you may have selected the wrong from, please select the Restart button.
Meaningful name
This name will be used to identify this appeal on your personal homepage. Please use a name that clearly identifies the appeal to you, for example, the first line of the site address. This is particularly important if you are an agent who may be dealing with multiple cases.
Appellant details
The details registered to your account will be displayed. If for any reason your details have changed since you created your account, you should change them through the My Details link at the top of the page.
If you are an unrepresented appellant and you prefer to be contacted by email, where possible, we will send you our letters and appeals correspondence by email and we will not send paper copies.
Agent details
You do not have to employ an agent to handle your appeal. If you decide to employ an agent, they will probably complete the appeal form for you.
If you have an agent, we will send all our communications to them. We will not send a copy to you. The only exception to this is that we will send you and your agent a copy of the appeal decision. You should ensure that you keep in touch with your agent about the appeal arrangements, particularly times and dates for