For guidance and to complete and return appeals, please click download application forms for submitting an appeal - please note that you must submit your appeal to the Planning Inspectorate, not Burnley Borough Council. In England, some appeals may also be submitted online using the planning portal.
Information on Planning Appeals
It is a basic principle of planning law that the Local Planning Authority's decision to refuse planning permission, or to grant it subject to conditions, is subject to the applicant's right of appeal to the Secretary of State for the Environment.
There are equivalent provisions for the special types of planning control, e.g. Advertisement Consent, Listed Building Consent, refusal to allow tree work. In addition, there is a right of appeal against the Local Planning Authority's decision to issue an Enforcement Notice against any aspects of the Notice.
An applicant may also appeal against any failure to issue a decision within the statutory period for determining an application. Once such a non-determination appeal had been lodged, the application is taken out of the Authority's jurisdiction and falls to the Secretary of State to determine.
Appeals must be made to the Planning Inspectorate within a strict time period (6 months for planning applications and Listed Building Consent, 2 months for Advertisement Consent and 28 days for Enforcement Notices and tree work), stating the grounds for appeal. You can access guidance and submit most types of appeal in England online using the Inspectorate pages on the planning portal.
To view planning appeals lodged against Burnley Borough Council please click here to take you to the search page. The search criteria is at the bottom of the page and apply to both applications and appeals.
When an appeal is accepted by the Department, both the applicant (appellant) and the Local Planning Authority may express a view as to the most appropriate form for the appeal to be considered. There are three other options open:
- formal Public Inquiry before an Inspector
- informal Hearing before an Inspector
- exchange of written representations
In each case, the Inspector will visit the site, either unaccompanied or in the presence of both parties.
At a Public Inquiry it is usual (although not essential) for both parties to be legally represented and, in important cases, the appellant will employ Counsel as his Advocate. In appropriate cases, the Council may also employ a Barrister. The formal Public Inquiry is a quasi-judicial process where strict rules of evidence apply. Third parties, such as members of the public or special or local interest groups, can appear and give evidence before the Inspector. This is considered the appropriate form for determination of planning appeals where there was a good deal of public interest expressed and/or the nature of the evidence requires this, e.g. it is complicated or technical and needs to be tested by thorough and formal cross-examination.
The Local Hearing is a less formal arena appropriate where there is little or no dispute about the facts of the case, but the differences between the sides depend upon the weight to be given to these facts.
An award of costs can be made in all types of appeal.
There are no third party rights to appeal against a grant of permission.
Detailed guidance on appeals is available from the planning inspectorate