Once planning permission has been granted, neighbours and other third parties have no right of appeal. Only the applicant has a right to appeal, usually if planning permission is refused or if conditions are imposed that the applicant disagrees 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 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; these are clearly detailed within the issued decision notice. In many cases these issues can be resolved through working closely with the individual case officer who dealt with the planning application. If you resubmit an application within one year of the date of the decision being issued, a further fee will not normally be required and you may receive a decision quicker than through the appeals process.
Reasons for making an appeal
There are four main reasons for making an appeal to the Planning Inspectorate:
1. If you applied to the Milton Keynes Council for planning permission, and they
- refused permission;
- gave permission but with conditions you consider to be inappropriate;
- did not approve the details of a scheme which they, or the Secretary of State, have already given outline planning permission for; or
- approved the details of a scheme but with conditions you think are inappropriate or unreasonable
2. If the Council rejected a proposal arising from a condition or limitation on a planning permission
3. If the Council did not make a decision regarding your application within the time allowed
4. If the Council informed you that more information was needed before a decision could be made regarding your outline planning application, and you did 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
In other cases, the appeal must be received and accepted as valid by the Planning Inspectorate within six months from the date the refusal was issued, or from the date on which the Council should have determined the planning application.
How to make an appeal
Planning appeals can only be made by the person that submitted that initial planning application. You can find information about the appeals process and how to make an appeal online on the Planning Portal Website
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 one for you to keep.
You must give your grounds for appeal; if you disagree with the Council’s decision regarding your planning permission, this is your opportunity to explain why. If there are any additional matters you would like the Inspectorate to consider, you must make them within the application. The Council will be able to comment on these issues within our response to your statement.
There are three different procedures for appeals: Written Representations, Hearings and Inquiries. Written Representations is the most common, 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 parties.
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 that were part of the original application and any subsequent amendments or additional information submitted that you wish to be considered (including an environmental statement, if one was sent with the application or if the Council requested one)
- Copies of all relevant letters (including any letters or drawings sent to the Council amending the application)
- A copy of the decision notice (if applicable)
- A copy of any decision by us that the application has to be dealt with under the Environmental Impact Assessment Regulation 1999
- If you want approval of reserved matters 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 submitted later than these deadlines will not normally be considered, but instead will be 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 you and the Inspectorate a questionnaire, and also notify interested people of the appeal. Within six weeks of the initial start date, both you and Milton Keynes Council can submit a statement of case.
Last Updated: 30 November 2017