Appeal against a right of way decision

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1. When you can appeal

Your local council makes decisions about right of way applications.

You can appeal against their decision if you applied to change the area鈥檚 鈥榙efinitive map and statement鈥� and either:

  • you disagree with the decision - this is known as a 鈥榮chedule 14 appeal鈥�
  • your local council did not make a decision within 12 months - this is known as a 鈥榙irection request鈥�

You cannot appeal if:

  • the council approves a different use for the land, for example they make an order for a footpath when you applied for a bridleway
  • you did not submit your original application correctly, for example you did not notify landowners who might be affected by the change

There鈥檚 no fee for appealing.

Only the person who made the application can appeal. If you did not apply, you can comment on an appeal instead.

Deadline for appealing

You must appeal within 28 days of the date on the decision letter, or 12 months after you submitted the application if your local council has not made a decision.

When you can expect a decision

Once your appeal is validated, you鈥檒l normally get a decision within 30 weeks.

2. How to appeal

Make your appeal to the Planning Inspectorate by filling in the appeal form. Write to the Secretary of State if you鈥檙e making a direction request.

If you want to appeal against more than one decision you must make a separate appeal for each.

Documents you must provide

If you鈥檙e appealing against a decision

You must submit 2 copies of:

  • your original application
  • the reason for your appeal
  • the council鈥檚 decision notice
  • any notices you issued while applying, for example to let other landowners know you were applying for a change
  • a map showing the proposed right of way
  • any other documents that directly support your appeal, for example your grounds for appeal
  • confirmation that you鈥檝e notified the local council about your appeal

If the local council has not made a decision

You must submit 2 copies of:

  • your original application
  • confirmation that you notified the landowners of your original application

You can email these documents to [email protected] when you appeal.

You can also post them to the Planning Inspectorate.

The Planning Inspectorate RoW team
3A Eagle
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

3. Comment on an appeal

Anyone can comment on a right of way appeal.

Your local council must tell anyone who has commented on the original application (鈥榠nterested parties鈥�) that there鈥檚 an appeal. The council has to do this within 14 days of the appeal being validated by the Planning Inspectorate.

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.

You鈥檒l normally get a decision within 30 weeks (or 21 weeks for a direction request).

If you鈥檙e successful

For appeals, the Planning Inspectorate will tell the council to make the order. There鈥檚 no time limit for your local council to do this.

For direction requests, the Planning Inspectorate will give the local council a time limit to make a decision on your original application.

5. If you disagree with the decision

You can challenge the decision in the if you think the Planning Inspectorate made a legal mistake.

if you鈥檙e unsure about this.