Once planning permission has been granted, neighbours and other third parties have no right of appeal. Only the applicant has a right to appeal if they are unhappy with the council's decision, usually if planning permission is refused or if conditions are attached that the applicant is unhappy with.
Further information can also be found on the Planning Inspectorate site.
Viewing and commenting on appeals
Members of the public can view decided appeals and view and comment on appeals that are currently in progress online using the council's Public Access for Planning service. Make sure 'appeals' is selected when you carry out a search.
Before you make an appeal
There are many reasons why planning permission may have been refused for a planning application and these will be clearly detailed within the decision notice issued. In many circumstances these issues can be resolved through close working with the individual case officer who dealt with your planning application. If applied for within one year of the date of the decision being made a further fee will not normally be required and you may receive a decision quicker than through appealing.
Reasons for making an appeal
There are four main reasons why an appeal may be made to the Planning Inspectorate.
- If you applied to the Milton Keynes Council for Planning Permission, and they:
- refused permission;
- gave permission but with conditions you think are inappropriate;
- haven’t approved the details of a scheme which they or the Secretary of State have already given outline planning permission; or
- have approved the details of a scheme but with conditions you think are inappropriate or unreasonable
- If we rejected a proposal arising from a condition or limitation on a planning permission.
- If we do not decide your application within the time allowed.
- If we told you that we needed more information before we could decide your outline planning application, but you do not want to supply this.
Householder Appeals must be made within 12 weeks of the date of the Decision Notice. For more information please see the Planning Portal Website (external link). In other cases, the appeal must be received and accepted as valid by the Planning Inspectorate within six months (from the date of issue of the refusal of planning permission or six months from the date by which the Local Planning Authority should have determined the planning application).
How to make an appeal
Planning appeals can only be made by the person that made the initial planning application. You can read everything you need to know about making an appeal and make an appeal online on the Planning Portal Website (External Link)
Alternatively you can obtain a form from:
Customer Services Team
The Planning Inspectorate
Temple Quay House
2 The Square
or call Customer Services on 0303 444 5000 or email a request for a form to email@example.com
Different forms exist for differing types of appeal so make sure you receive the correct one.
Three copies of the appeal form will need to be filled in, one for the Inspectorate, one for Milton Keynes Council and the other for you to keep.
You must give your grounds for appeal within the application; this is your opportunity to explain why you disagree with our decision. If there are any additional comments you would like the Inspectorate to consider you must make them within this section. The council can then comment on these issues within our response to your statement.
There are three different procedures for appeals, ranging from Written Representations which is the most common form of appeal to Hearings and Inquiries. Written Representations is the quickest and cheapest method when determining an appeal and normally involves the exchange of written statements between the applicant, Milton Keynes Council and any third party representations.
When submitting your appeal you should ensure that you include all the following:
- The correct certificate of land ownership;
- A copy of your planning application;
- A copy of the certificate concerning the ownership of the land sent with the original application;
- A list of, and copies of, all relevant documents, drawings and plans which were part of the original planning application, including an environmental statement, if one was sent with the application or if we requested one;
- A copy of any decision by us that the application has to be dealt with under the Environmental Impact Assessment Regulations 1999;
- Copies of all relevant letters (including any letters or drawings sent to us changing the application);
- A copy of our decision (where applicable);
- A plan showing the site in relation to two well-established named roads; and
- If you want approval of details of an application, a copy of the original application for outline planning permission, the plan and the outline permission itself.
There are strict deadlines to adhere to within the appeal process and any information sent in later than these dates will normally not be taken into account but instead returned. Once an appeal has been received and accepted a start date will be issued.
- Within two weeks of this date, Milton Keynes Council will send the appellant and the Inspectorate a questionnaire and also notify interested people of the appeal
- Within six weeks of the initial start date, the appellant and Milton Keynes Council can send a statement of case (changes to the Planning Appeal Process).