Last updated: 18/07/2013
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If a planning application is turned down by the Council the
applicant has a right to appeal the decision. An appeal
should only ever be a last resort; Cornwall Council successfully
defends an average of 70% of the appeals received, therefore
applicants are encouraged to contact us in the first instance in an
attempt to overcome the grounds for refusal as an amended scheme
may be achieved which could avoid an unnecessary appeal, saving you
time and money.
appeals - use this offsite link to search for and review
current appeals and their status.
The Planning Inspectorate - almost all appeals are handled
and decided by the Planning Inspectorate. Follow this offsite link
for more information about the Planning Inspectorate.
Submit your appeal - this offsite link provides more
information about submitting your appeal.
You can appeal to the Planning Inspectorate if your application
- refused permission
- granted permission but with conditions you think are
- if the Council failed to approve the details of a
scheme which they or the Secretary of State have already given
outline planning permission for
- if the Council rejected a proposal arising from a
condition on a planning permission
- if the Council don't decide your application within the time
- if the Council have told you more information is needed before
determining your outline planning application, but you do not want
to supply this.
It is also possible to appeal against the Council taking
enforcement action. Follow this link for information on enforcement
The appeal processAn appeal can be submitted
within six months (12 weeks in the case of householder
applications) of a decision and may be dealt with
in three different ways:
representation - this is the most usual way that appeals
are dealt with. Each side submits its case in writing and an
inspector visits the site. This is the speediest way of getting a
hearing - this allows cases to be heard verbally, as well as by
written submission, during round table discussion involving the
planning inspector, the appellant, a planning officer, and
sometimes third parties.
inquiry - this is a formal process with each side presenting
evidence to a planning inspector. Often participants are
represented by legal professionals, and witnesses will be
cross-examined on their evidence. Third parties may
The planning inspector either allows the appeal (overturns the
Council's decision) or dismisses the appeal (confirms the Council's
At present third parties (e.g. neighbours or community groups)
have no rights of appeal against planning decisions.
Complaining about applications
If you wish to complain about how the Council has handled a
planning application or planning enforcement matter, please contact
the case officers line manager in the first instance.
In some cases, you can complain to the Local Government Ombudsman
(LGO) about how a local planning authority handled a planning
application or planning enforcement investigation. The LGO cannot
investigate a complaint just because you do not agree with the
decision and the LGO has no power to alter the decision, even if
the local authority administration has not been entirely