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 was:
- refused permission
- granted permission but with conditions you think are inappropriate
- 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 allowed
- 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 appeals
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:
- Written 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 decision.
- Informal 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.
- Public 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 participate.
The planning inspector either allows the appeal (overturns the Council's decision) or dismisses the appeal (confirms the Council's decision).
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 correct.