Appeal a decision about a lawful development certificate
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1. When you can appeal
Your local planning authority makes decisions about lawful development certificates.
You can appeal against a lawful development certificate decision if either:
- you disagree with it
- the decision was not made within 8 weeks (6 weeks for work to a listed building)
Do not appeal if you鈥檝e already been given an enforcement notice. You may have to pay additional costs if you do.
Only the person who made the lawful development certificate application can appeal. If you did not apply, you can comment on an appeal instead.
There鈥檚 no fee for appealing.
Deadline for appealing
There鈥檚 normally no deadline. If you鈥檙e appealing an application about a listed building lawful development certificate, you must appeal within 6 months of the decision.
You can apply for planning permission at the same time as appealing a lawful development certificate decision.
2. Make an appeal
You can make an appeal to the Planning Inspectorate online or by post.
If you want to appeal more than one decision you must make a separate appeal for each.
You also need to send a copy of your appeal, including all supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.
Documents you must provide
You鈥檒l need to submit copies of:
- your original application
- the local planning authority鈥檚 decision notice - if they did not make a decision, send a copy of the letter acknowledging your application
- all plans, drawings and documents you sent to the local planning authority
- any letters or emails between you and the local planning authority
- your appeal, if you鈥檙e appealing by post
You鈥檒l also need to submit:
- a map of the site
- any other documents that directly support your appeal, for example your grounds of appeal
If you think your land or building is now lawful because the time limit for enforcement has passed, you also need to submit evidence like:
- dated photographs of the site
- letters from neighbours
- receipts or invoices for work
- plans and drawings
You can upload these documents when you appeal online or post them to the Planning Inspectorate.
Appeal online
You must have copyright permission to use any drawings or other documents.
You can upload Word documents, images or PDF files up to 15MB. Do not send web links to files - send the files themselves.
All files must be:
- a single document, appendix or image
- given file names that describe what they are
.
Appeal by post
Contact the Planning Inspectorate by phone for an appeal form to appeal by post.
The form will tell you where to send the completed form and required documents to.
Contact the Planning Inspectorate
You can ask for an appeal form over the phone or if you need help using the online service.
By phone
Planning Inspectorate customer support team
Telephone: 0303 444 5000
Monday to Friday, 9am to 4pm (except public holidays)
Find out about call charges
Online
You can also .
3. Comment on an appeal
Anyone can comment on a lawful development certificate appeal. Find the case on the appeals casework portal. The deadline for comments is 6 weeks after the start date of the appeal.
Your local planning authority must tell anyone who has commented on the application (鈥榠nterested parties鈥�) that there鈥檚 an appeal. The local planning authority has to do this within 2 weeks of the appeal being validated by the Planning Inspectorate.
If there鈥檚 going to be an inquiry, interested parties can apply to have 鈥榬ule 6 status鈥�, which means they鈥檒l play a much bigger part. For example, they can call witnesses and give evidence.
Read the detailed guidance about taking part in an appeal.
4. After you appeal
The Planning Inspectorate will check your appeal to make sure it鈥檚 valid. They鈥檒l tell you what happens next and how long your appeal may take.
The Planning Inspectorate will then consider your appeal. Check how long planning appeal decisions normally take.
If anyone behaves unreasonably
You can apply for an 鈥榓ward of costs鈥� if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.
You can complain about how the Planning Inspectorate handled your appeal. There鈥檚 no time limit for complaints.
5. If you disagree with the appeal decision
You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.
if you鈥檙e unsure about this.