If an applicant does not agree with the outcome of a planning application determined by Somerset County Council, or the service of an enforcement notice, they can appeal against the decision or the service and requirements of the notice to the Department for Communities and Local Government (DCLG).
Appeals are dealt with by Inspectors appointed by the Planning Inspectorate on behalf of the DCLG
Who can use it?
Planning appeals can be lodged by an applicant or their agent who submitted the application. There is no third party right of appeal against decisions.
Enforcement appeals can be lodged by a person having an interest in the land to which an enforcement notice relates or a relevant occupier of the land, whether or not a copy of the notice has been served on them.
How do I use it?
Planning and Enforcement Appeals can be submitted by using the Planning Inspectorate's online appeals service through the Planning Portal website.
Alternatively, appeal forms can be obtained from the following address:
Customer Support Wing
Temple Quay House
2 The Square
Bristol BS1 6PN
Planning appeals must be lodged within 6 months of the date of the decision notice, however, enforcement notice appeals must be lodged before the notice takes effect, which is normally 28 days after service of the notice, otherwise it will not be accepted by the Planning Inspectorate.
What happens next?
The Planning Inspectorate will write to you acknowledging receipt of your appeal and inform you of the timescales for submission of evidence etc. Please read the appropriate advice leaflets listed under Information and Resources for detailed procedures.
What is covered?
The following types of appeals against decisions made by the County Planning Authority can be made in England:
- Planning decisions appeals
- Lawful Development Certificates appeals
- Appeals against an Enforcement Notice
How long does it take?
The time an appeal takes to be determined is dependant on the Planning Inspectorate.
How much does it cost?
There is no fee attached to making a planning appeal, however there is a fee attached to an Enforcement Notice appeal.
Laws and regulation
The planning appeals procedure is in accordance with Section 78 of the Town and Country Planning Act 1990.
Enforcement appeals procedure is in accordance with Section 174 of the Town and Country Planning Act 1990
The Planning Inspectorate have published guides to taking part in both planning and enforcement appeals either by written representations, hearings or inquiries. Copies of these booklets are available free of charge by following the links in the Information and Resources section.