.

Planning and enforcement appeals

Town and Country Planning Act 1990 - Appeal under Section 78
Amended closing date for responses to The Planning Inspectorate

Appeal by: WitCo
Site at: Land adjacent to No 155, The Street, Rushmere St Andrew, Suffolk
Planning application reference: DC/14/2473/OUT

Any comments you made at application stage will be forwarded to the Planning Inspectorate (unless they are expressly confidential). If you wish to make any additional comments or modify or withdraw your previous comments you can do so online at www.planningportal.gov.uk/pcs or by email to teamp2@pins.gsi.gov.uk. If you do not have access to the internet you can send three copies of letters to: Mrs M T Scott, 3/10 Wing, Temple Quay House, 2 The Square, Bristol BS1 6PN.

All comments must be received by 30 April 2015 and must quote the appeal reference APP/J3530/W/15/3005420. Any representations received after this date will not normally be seen by the Inspector and they will be returned. Please note that any representations you submit to the Planning Inspectorate will be copied to the appellant and this local planning authority and will be considered by the Inspector when determining the appeal.

You may check the progress of the appeal on the Planning Portal website at www.planningportal.gov.uk/pcs. When made, the decision will be published on this website.

This page gives a brief summary of how to appeal against planning decisions and enforcement notices, how you can take part in planning and enforcement appeals, and where you can find out about apppeals that have been made or decided.

Guidance on the different types of appeal and the appeal process is available on the Planning Portal.

Planning appeals 

If your planning application, listed building or conservation area consent has been refused, not decided within the appropriate period, or granted subject to conditions to which you object, you can appeal against the Council's decision to the Secretary of State under section 78 of the Town and Country Planning Act 1990.

The Planning Inspectorate administers these appeals on behalf of the Secretary of State. Almost all appeals are decided by Planning Inspectors appointed by the Secretary of State - the Secretary of State can decide any planning appeal, but does so in less than 2% of cases, usually if they are large or controversial developments.

Only the person who made the application for planning permission can appeal and there are strict time limits on the right to appeal:

  • If you want to appeal against a decision to refuse planning permission for a householder application then you must do so within 12 weeks of the date of the decision notice.
  • If you want to appeal against a decision to refuse planning permission for a non-householder application then you must appeal within 6 months of the date of the decision notice.

The Planning Inspectorate will consider accepting late appeals where there are exceptional circumstances for late submission. Reasons for late submission should be stated at the time of submission.

Detailed information about making a planning appeal is available on the Planning Portal.

Submitting your appeal

You can submit your appeal to the Planning Inspectorate and track its progress online.

If you are unable to use the online service you can submit your appeal and supporting documents by post. Paper forms are available from the Planning Inspectorate's customer services on 0303 444 5000 or by email at enquiries@pins.gsi.gov.uk.

Enforcement appeals 

If you have been served with an enforcement notice you can appeal to the Secretary of State against the Council's decision under section 174 of the Town and Country Planning Act 1990.

The Planning Inspectorate must receive your enforcement appeal before the date on which the notice takes effect. This date should be shown on the enforcement notice and should be at least 28 days from when the enforcement notice was served on you. You should not wait until the last few days. If your enforcement appeal is received ‘out of time’ the Planning Inspectorate will not accept it.

There is no right of appeal against a breach of condition notice.

Anyone with an interest in the land may appeal, whether or not they have been served with a copy of the enforcement notice. This normally means the owner, tenant or leaseholder. A mortgage company or other lender can also have an interest. Anyone occupying the land with the owner’s permission may also appeal.

Detailed information about making an enforcement appeal is available on the Planning Portal.

Submitting your appeal

You can submit your appeal to the Planning Inspectorate and track its progress online.

If you are unable to use the online service, paper forms are available from the Planning Inspectorate's customer services on 0117 372 6372 or by emailing a request for a form to enquiries@pins.gsi.gov.uk.

Search for appeals online 

You can search for appeals on the Planning Portal website and Suffolk Coastal's online planning register:

Guidance on appeals 

Guidance on the different types of appeal and the appeal process is available on the Planning Portal.