Guidance

Making your appeal: How to complete your enforcement notice appeal form

Updated 12 September 2024

Applies to England

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/enforcement-notice-appeals-how-to-complete-your-appeal-form/making-your-appeal-how-to-complete-your-enforcement-notice-appeal-form

1. Introduction

Before you make your appeal, you should enter into discussions with the local planning authority (LPA). We encourage you to continue these discussions, during the appeal. This will help to narrow the areas in dispute.

You should make your appeal only when all else has failed.

2. System availability and system requirements

Our online facilities will usually be available 24 hours a day. We will sometimes need to take the system out of service for a while to implement upgrades. Wherever possible, we will do this outside of usual office hours.

Please see our guide to communicating electronically with us.

3. Registration

You need to create an account with us to make an appeal or make representations on an appeal. Registering will enable you to access our full range of electronic services, including a personal homepage.

To create an account or log in if you already registered, please use the Appeals Casework Portal.

Personal homepage

There are six headings on your personal homepage:

  • Make a new appeal – you can submit a new appeal here
  • My cases – You can view your submitted appeal forms here - these will not be editable as they have already been submitted to us (you will have been emailed a PDF version of any appeal form you have submitted)
  • My representations – You can view your submitted representations here - this will include any representations you have submitted for your own cases and any representations which you may have submitted for other cases which you are interested in (these will not be editable as they have already been submitted to us - you will have been emailed a PDF version of the form upon submission)
  • Search for a case/submit representation - search for a case using the quick search facility using the 7-digit case reference number or you can search using other criteria (such as site address) with our advanced search
  • Awaiting submissions - access any of your appeals or representations which you are still working on using this facility - please note that any appeals or representations which are still awaiting submission after 180 days will be automatically deleted
  • Watched cases - watch any cases which are of interest to you using this facility. Once you have found a case which you want to follow, you can click the ‘Watch case’ button on the Case Summary screen. The case will then be added to your ‘Watched cases’ list. If at any time you want to remove the case from your list, simply click the ‘Stop watching’ button on the Case Summary screen or click the red ‘x’ button on your homepage.

My details

This is where all the details you entered when creating your account are held. If at any time your details change, you should make amendments to them through this page. It is your responsibility to ensure that your details are kept up to date.

You cannot change your name once your account has been created.

If you make a change to your address details, telephone number or fax number then these details will be updated instantly on your account.

If you change your email address, you will be sent an email confirming this change and asking you to verify the new email address. Once verified, your account will be updated.

You can change your password using the ‘Change Password’ button. You will be sent an email confirming that a change has been made. You will then need to log into your account again, using your new password.

4. Before you make an appeal

Deadlines

Written notice of an appeal against an enforcement notice must be received by us before the effective date of the notice. The effective date will be on the notice. We cannot accept any appeals received after this date. You should not wait until the last few days to submit your appeal.

Before you decide to appeal, please carefully consider the local planning authority’s reasons for serving the enforcement notice on you. These are set out on the enforcement notice.

Who can appeal

To make an appeal against an enforcement notice, you must either have an interest in or be a relevant occupier of the land the enforcement notice relates to.

‘Interest’ means either a legal or equitable interest in the land when the appeal is made (irrespective of your status when the enforcement notice was served). This includes but is not limited to:

  • Owners
  • Lessees
  • Some tenants
  • Official receivers
  • Mortgagees or other lenders

A ‘relevant occupier’ is someone who:

  • on the date on which the enforcement notice is issued occupies the land through the consent of the owner whether oral, written or implied
  • and continues to occupy the land when the appeal is made.

A person who does not have an interest in the land or is not a relevant occupier does not have a right of appeal – even if the local planning authority serves a copy of the enforcement notice on them. Similarly, a person that has not been served with a copy of the notice may be eligible to make an appeal.

A limited company or unincorporated body can have a legal interest in the land or be a relevant occupier. If this is the case the appeal must be made in the name of the company. A director or shareholder, or in the case of an unincorporated body their authorised representative, does not have the right of appeal on the company’s behalf. Although they can act as agent to the appellant company.

For further information on eligibility please see 2.3 of our Enforcement Appeals Procedural Guide.

Application for appeal costs

You and the LPA normally must meet your own appeal expenses.

If a party does not behave reasonably during the appeal process, they leave themselves open to costs being awarded against them. This would be on the basis that the behaviour had directly caused another party to incur expenses that would not otherwise have been necessary.

Costs may be awarded in response to an application for costs by one of the parties. Also, the Inspector may make an award of costs even if none of the parties have made an application.

There is guidance about costs awards in the Ministry of Housing, Communities and Local Government’s (MHCLG) planning practice guidance.

Before you appeal, it is important that you read this guidance because it explains how, and on what basis you can make an application or have an application made against you.

5. Completing the appeal form

Once you have logged into your account, start the appeal process by clicking on ‘Make a new appeal’.

In this section, we use the same headers as within the appeal form.

Enter the name of your local planning authority

Here you should type in the name of your local planning authority. As you type, possible matches will be returned. You can then select the correct one from the list. Note you cannot change your local authority once you are in the appeal form.

Selecting your appeal form

You will be asked a series of questions about your appeal, with each answer you give determining the next question. You may need to consult the enforcement notice. If you want to make an appeal in relation to more than one enforcement notice or in relation to an application for planning permission, you must make a separate appeal for each.
If you believe that you may have selected the wrong from, please select the ‘Restart’ button to begin the appeals process again.

Meaningful name

This name will be used to identify this appeal on your personal homepage. Please use a name that clearly identifies the appeal to you, for example, the first line of the site address. This is particularly important if you are an agent who may be dealing with multiple cases.

Appellant details

The details registered to your account will be displayed. If for any reason your details have changed since you created your account, you should change them through the ‘My Details’ link at the top of the page.

If you are an unrepresented appellant and you prefer to be contacted by email, where possible, we will send you our letters and appeals correspondence by email and we will not send paper copies.

Additional appellants

If you intend to submit appeals against this enforcement notice by more than one person at the same address, please include relevant details here.

Agent Details

You do not have to employ an agent to handle your appeal. If you decide to employ an agent, they will probably complete the appeal form for you.

If you have an agent, we will send all our communications to them. We will not send a copy to you. The only exception to this is that we will send you and your agent a copy of the appeal decision. You should ensure that you keep in touch with your agent about the appeal arrangements, particularly times and dates for site visits, hearings or inquiries.

If you prefer to be contacted by email, where possible, we will send you our letters and appeals correspondence by email and we will not send paper copies.

If you are the agent completing the form, by selecting ‘No’ to the question ‘Are you the appellant?’ the details registered to your account will be displayed on the Agent Details section of the form.

Local Planning Authority Details

This information should be on the enforcement notice. The name of the LPA and relevant details of the enforcement notice will have transferred through to the form from when you entered it at the start of the process. If you need to change the LPA, you will need to restart from your homepage.

Appeal Site Details

The appeal site must be the same as the site given in the enforcement notice.

If you confirm that the address of the affected land is the same as the appellant’s address, then this information will transfer over from the Appellant Details section (provided you have completed the Appellant Details section before the Appeal Site Details section).

Does the appeal relate to an existing property?

If the address of the affected building is not the same as the appellant’s address you will be asked an extra question about whether the appeal relates to an existing property. If it does, you can use the address finder to complete your details quickly.

Postcode

If the appeal site does not have a postcode, please provide the postcode of the nearest building. Also please provide information to help us identify the site for example, a map or plan showing the site and at least 2 named or numbered local roads and/or a grid reference or you can enter the street name into Royal Mail post code finder to generate a postcode.

Health and safety at the site

The site is likely to be inspected during the course of the appeal and the Inspector needs to be made aware of any potential problems.

We take seriously our duties regarding the health and safety of our employees and those affected by our work. Inspectors may abort the site visit if the conditions on site are unsatisfactory. Failure to provide the necessary information may therefore result in a delay to your appeal.

The following questions indicate the type of information we need about the appeal site, such as the condition of the land or any building to be entered. Please note that the questions do not actually feature on the appeal form. The information should be supplied within the free text field underneath the Health and Safety question.

  1. Will the Inspector be expected to wear Personal Protection Equipment? Please give details

  2. Are any building works or other operations taking place on the site? If it is a workplace, is there a risk assessment in place for visitors

  3. Are there any animals (for example, pets or livestock) within the site? If so, you must ensure that all animals (both livestock and pets) will be kept away from the area to be visited

  4. Is the site remote or in an area likely to have a poor mobile phone signal

  5. Are there any areas that require specialist equipment or training for access for example, confined spaces or use of ladders / scaffolding? If a ladder will be used, you must explain why and give details of the heights involved and arrangements for securing the ladder

  6. Does the Inspector need to be aware of specific dangers within the site? This would include uneven surfaces, equipment or substances kept at the site, risk of exposure to chemicals, asbestos or radiation

  7. Will it be necessary to view the site from a height, for example, from a roof or balcony? Are any railings or guards in place?

  8. Are there any site-specific safety arrangements in place?

  9. Is the site accessible for persons with limited mobility?

  10. Is there any overgrown vegetation that could restrict access to the site? If so, you will need to ensure that the site is made accessible to our Inspector and any other people accompanying them.

You must also inform us of any relevant changes to the site which occur in the period leading up to the planned site visit date.

Interest in the land

‘Interest in the land’ is explained in the earlier section ‘Who can appeal?’.

Please state your interest in the land. If it is none of the above, you will need to indicate whether you/the appellant occupied the land/building under a written or oral licence both on the date the enforcement notice was issued and on the making of this appeal. Use the text box to explain your interest.

Grounds and facts

Planning obligation

A planning obligation - often referred to as a ‘section 106 agreement’ – is either:

  • a legal agreement made between the LPA and a person ‘interested in the land’
  • or a legally binding undertaking signed unilaterally by a person ‘interested in the land’

If you intend to rely on a planning obligation you should send a draft version with your appeal form. The start letter we will send you will tell you when you must send the final draft to us. For further information please see our Planning Obligations: good practice advice guide.

The different grounds of appeal

As directed by Regulation 6 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, a person lodging an appeal is required to submit a written Statement of Appeal specifying the grounds on which appeal against the notice is being made and setting out briefly the facts on which that person proposes to rely in support of each of those grounds.

There are 7 different grounds, in section 174(2) of the Town and Country Planning Act 1990, on which you can make your appeal. You may wish to appeal on one ground only or on several grounds. The following is information about the different grounds and advice on what to include in your grounds of appeal.

Your appeal must give facts in support of each chosen ground of appeal. You should think carefully about the facts on which you will rely.

Ground (a) - that planning permission should be granted for what is alleged in the notice (or that the condition or limitation referred to in the enforcement notice should be removed).

Fee

If you appeal on ground (a), you are deemed to have made an application for planning permission. This is known as a ‘deemed planning application’ (DPA).

If you want your appeal to be considered under ground (a) you must pay a fee for the deemed planning application to the LPA and you must plead ground (a).

The LPA should have told you the fee that is payable when it served the enforcement notice.

If you only put ground (a) forward and you do not pay the fee, your appeal will lapse. This means that your appeal will end.

Further information about fees is given in MHCLG’s planning practice guidance.

Withdrawal of appeal and refund of the fee

If you withdraw your appeal so that there are at least 21 days between the date we receive written notice from you that you want to withdraw the appeal and the date of the site visit, hearing, or inquiry any fee you have paid will be refunded by the LPA. If you withdraw your appeal later than this your fee will not be refunded.

Retrospective planning application

There are restrictions on whether you can make your appeal on ground (a) if you have also made a related retrospective planning application.

Where an enforcement notice was issued before 25 April 2024, no appeal under ground (a) may be made if the enforcement notice was issued within the time allowed for determination of the retrospective planning application.

Where an enforcement notice is issued on or after 25 April 2024, no appeal under ground (a) may be made within two years of the date on which the related application ceased to be under consideration.

For further information on the meaning of a ‘related’ planning application and when a related application ‘ceases to be under consideration’, please see paragraph: 013 Reference ID: 17b-013-20140306 of the planning practice guidance.

If you plead ground (a)

You should set out in detail, why you think that planning permission should be granted.

The Inspector will look at the planning merits of your development and so there is no need to give a detailed history of discussions with LPA officers.

You should avoid repetition and information that does not relate to the issues involved. The grounds of appeal should be clear and concise, and we would not expect them to exceed 3,000 words.

Do not repeat the LPA’s reasons for issuing the enforcement notice but you should include a clear explanation of why you disagree with each of them. It is not enough to say that you do not accept them.

Local policies

The enforcement notice will refer to policies in the Development Plan and/or supplementary planning documents in the Local Development Framework. Do not describe any local policies in full. Simply give the number and the name of the relevant development plan or supplementary planning document and give paragraph numbers if appropriate. The LPA will provide these to the Inspector, so you do not need to. However, before making your appeal you should read the policies referred to. You should include in your grounds of appeal why you think that any policy referred to in the notice is not relevant or why the development complies with it.

If you think there are other relevant policies which the LPA have not referred to in their enforcement notice but which you will rely on, you should attach the relevant extracts and include them with your appeal. You should indicate their status, that is, whether they have been adopted by the LPA and/or have been saved by a direction of the Secretary of State and form part of the Local Development Framework.

National policy

There is no need to set out national policy (such as the National Planning Policy Framework as Inspectors have access to these documents. However, you should refer to any paragraphs by number that you think are relevant.

Previous decisions

It will be helpful to attach previous decisions by the LPA or on an appeal if they are directly relevant, but you should explain why they are relevant.

Similar developments

You may include details of similar developments in the immediate area if you think these are relevant. You should identify them on a street map and supply their addresses and, where possible, photographs of them. Where you are aware of the history of any such development you should set it out briefly in your grounds of appeal or in a separate annexe.

Effect on neighbours

Where the effect on the neighbours is mentioned in the notice, if you dispute this you should include measurements (in metric units) of the distances between your and your neighbours’ properties, particularly the distances to any of their windows. If your neighbours do not allow you access to their property you should provide approximate measurements.

Case law

If you wish to cite any case law, please include the full report reference.

Planning conditions

You should indicate if you wish to accept or can suggest planning conditions that you think would mitigate the impact of the development if the appeal is successful on ground (a).

You should look at:

The fact that conditions are suggested in relation to ground (a) does not mean that the appeal will be allowed on ground (a) and planning permission granted or that, if allowed, conditions will be imposed.

The following grounds (b), (c), (d) and (e) are often known as “the legal grounds”. If you are pleading any of these grounds it is your responsibility to provide evidence to prove what you are saying.

Please note that the test to be achieved is ‘on the balance of probability’.

Ground (b) - That the breach of control alleged in the enforcement notice has not occurred as a matter of fact.

If you plead ground (b) you are saying that whatever is alleged in the notice has not taken place (that is, that the alleged use is not occurring or that the alleged structure has not been erected). You should provide facts to support this.

Ground (c) - That those matters (if they occurred) do not constitute a breach of planning control.

You may wish to claim that:

Sometimes there is confusion about ground (b) and ground (c). Put simply, ground (b) is that you did not do it, and ground (c) is that you did, but planning permission is not needed.

Ground (d) - that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters.

There are time limits for the LPA to issue an enforcement notice. The time limits vary according to the type of development. This is outlined in section 171B of the Town and Country Planning Act 1990 (see also The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 for transitional arrangements). In most cases, development becomes immune from enforcement if no action is taken:

  • within 10 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place on or after 25 April 2024
  • within 10 years for an unauthorised change of use to a single dwellinghouse where the change of use took place on or after 25 April 2024
  • within 4 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place before 25 April 2024;
  • within 4 years for an unauthorised change of use to a single dwellinghouse where the change of use took place before 25 April 2024
  • within 10 years for any other breach of planning control (essentially other changes of use)

However, there are circumstances where these time limits may not apply. Please see Paragraph: 004 Reference ID: 17b-004-20180222 of the Planning Practice Guidance for further information.

It is not enough to say “The breach of planning control occurred more than 10 years ago”, or “The building was finished more than 4 years before the notice was issued”. You need to provide evidence to support this.

For immunity purposes involving a material change in the use of a building or land, the evidence needs to show when that use was instituted and that it has subsisted, without significant interruption, for a continuous 4- or 10-year period.

If you plead ground (d), the appeal will normally follow the inquiry procedure. Please see the section ‘the inquiry procedure’ below.

Ground (e) - that copies of the enforcement notice were not served as required by section 172 of the Act

LPA’s have to comply with the following requirements:

(2) A copy of the enforcement notice shall be served (a) on the owner and on the occupier of the land to which it relates (b) on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice

(3) The service of the notice shall take place (a) not more than 28 days after its date of issue (b) not less than 28 days before the date specified in it as the date which it is to take effect

If the notice was not served as required by section 172, you will need to show how. You should provide the details of anyone who has an interest in the land. You should indicate who received the notice and who did not.

If the notice was not served as specified in section 172, this can be disregarded if no substantial prejudice has been caused to anyone’s interests. For example, if the appellant or other person is present at the inquiry/hearing or has sent written representations, it is likely that they have been given adequate notice.

Ground (f) - that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or to remedy any injury to amenity which has been caused by any such breach.

This means that steps required to comply with the requirements of the enforcement notice are excessive and lesser steps would overcome the objections.

You should say why you think that the steps are excessive and what lesser steps you consider would remedy the problem. You cannot argue that planning permission should be granted under this ground. If you wish the planning merits of the development to be considered, you must plead ground (a).

Ground (g) - That the time given to comply with the notice is too short.

You should say what you consider to be a more reasonable period of time and why. If you intend to appeal solely on this ground, you should consider negotiating the timescale with the LPA. The LPA may be willing to extend the time period for compliance and you won’t need to make an appeal.

Choice of procedures

There are 3 possible procedures for the determination of an appeal: written representations, hearings and inquiries. We will decide which procedure your appeal should follow. Our decision will be based on the Criteria for procedure determination. We will also take into account any views you have expressed about which procedure would be most suitable for your case and the views of the LPA.

You should note if we decide at the initial stage that the appeal should proceed as a hearing or as an inquiry we will, based on the criteria, also subsequently consider whether a ‘combined procedure’ would be appropriate. For example, a hearing with some elements dealt with by written representations or an inquiry with hearing and/or written representation elements.

We will keep the determined procedure, including any combined procedure, under review during the appeal and may change it at any point before a decision on the appeal is made.

Please use our criteria for procedure determination before choosing your preferred procedure.

The written representations procedure

This is normally the most straightforward way of making an appeal. It is simpler to undertake than a hearing or inquiry. Over 60% of enforcement appeals proceed by the written procedure. The Inspector will consider the LPA’s reasons for issuing the enforcement notice, your grounds of appeal, any further representations received from you and the LPA and any representation received from interested people. The Inspector will usually visit the site.

Please see 8.2 our Enforcement Appeals Procedural Guide for a more detailed explanation of the written representations procedure.

We will use your responses to questions 1a) and 1b) to help us decide how the site visit should be conducted.

The hearing procedure

This procedure is likely to be suited to more complicated cases which require detailed discussion about the merits of a proposal (for an appeal on ground (a)) or where questions need to be asked to establish the facts. The hearing is an inquisitorial process led by the Inspector who identifies the issues for discussion based on the evidence received and any representations made. The hearing may include a discussion at the site. Or the site may be visited, on an accompanied (without any discussion), or unaccompanied basis.

If you ask for a hearing you should explain on the appeal form why you think your appeal fits the criteria for a hearing. Although you may indicate a preference for a hearing, we must also consider that your appeal is suitable for this procedure. It will not be suitable if the evidence needs to be tested. For example, by cross examination where the factual evidence about how long the development has been on site is in dispute.

Please see 8.3 our Enforcement Appeals Procedural Guide for a more detailed explanation of the hearing procedure.

The inquiry procedure

This is the most formal of the appeal procedures. Although it is not a court of law the proceedings will often seem to be quite similar. An inquiry provides for the investigation into, and formal testing of, evidence, usually through expert witnesses. Parties may be formally represented by advocates and evidence will sometimes be given on oath. The site may be visited before, during or after the inquiry.

If you ask for an inquiry you should explain on the appeal form why you think your appeal fits the criteriafor an inquiry. Although you may indicate a preference for an inquiry, we must be satisfied that your appeal is suitable for this procedure.

Please see 8.4 our Enforcement Appeals Procedural Guide for a more detailed explanation of the inquiry procedure.

How long do you estimate the inquiry will last?

In answering question 3(a) you should say how long you estimate the inquiry will last, including the time you think will be required to present all your case. Please be realistic - the estimate should include time for opening and closing the inquiry, any sessions on conditions and any section 106 obligation (see the above sections ‘Planning Conditions’ and ‘Planning Obligations’) and the time you consider may be necessary for questions to be put to both your and the LPA’s witnesses. If you have instructed someone to represent you at the inquiry (your ‘advocate’) it may be useful for you to get their views on the likely length of the inquiry.

We will take account of your estimate, the estimate we receive from the LPA and our own experience when we set the likely length of the inquiry. Once set we will expect the length of the inquiry to stay within the agreed timetable.

To help us to do this please indicate at Q3(b) how many witnesses you intend to call to give evidence at the inquiry and the topic areas they will cover and any other information which will help us decide on the appropriate timetable for the inquiry. If you have an advocate, it may be useful for you to get their views on this.

If you have any further information relevant to the inquiry, please use the text box below.

Statement of common ground

For inquiry cases you are required to send to us a statement of common ground not later than 4 weeks before the inquiry. You should begin discussing this with the LPA before you make your appeal. The statement of common ground should include basic facts such as site description, area, planning history, relevant planning policies, evidence on technical issues and conditions and all other matters of agreement. You should also list the specific areas where agreement is not possible.

For further information on statements of common ground please see 8.4.13 in the Enforcement Appeals Procedural Guide.

Fee for the deemed planning application

With regard to question 1, If you have applied for planning permission and paid the appropriate fee for the development to which the enforcement notice relates, you should provide the date of that application, and the date of the LPA’s decision if it has determined it.

You are exempt from the need to pay the fee for the deemed application contained in ground (a) if:

  1. the planning application was made before the date the enforcement notice was issued and the application had not been decided by that date
  2. or before the enforcement notice is to take effect you made an appeal against the LPA’s refusal to grant planning permission and on the date on which the enforcement notice is to take effect that appeal had not been determined

If 1) applies please answer “Yes” at Q2.

If 2) applies please answer “Yes” at Q2 and write the reference of your current planning appeal in the space provided.

With regard to question 2, Planning applications and enforcement appeals are exempt from the need to pay a fee in the following scenarios.

If they relate solely to:

  • the carrying out of operations for the alteration or extension of an existing dwellinghouse
  • or the carrying out of operations (other than the erection of a dwellinghouse) in the curtilage of an existing dwellinghouse

for the purpose, in either case, of providing means of access to or within the dwellinghouse for a disabled person who is resident in, or is proposing to take up residence in, that dwellinghouse, or of providing facilities designed to secure their greater safety, health or comfort.

A “disabled person” is defined as:

Or, Where the LPA is satisfied that it relates solely to the carrying out of operations for the purpose of providing means of access for disabled persons to or within a building or premises to which members of the public are admitted (whether on payment or otherwise).

If you feel one of these circumstances apply, please answer “yes” at Q2, explain why you think they apply and attach any relevant documentation.

If you are not exempt from paying the fee and you have pleaded ground (a), you should send the full fee to the LPA with the copy of the appeal form (see the below section ‘Submitting your appeal’.

See MHCLG’s Planning practice guidance for further information.

Other appeals

If you have made any other related appeals which have not yet been decided on this site or for nearby sites please supply the reference numbers. Where practical, and depending on the relevant timescales, we may consider related cases together.

Supporting Documents

All documents should be submitted at the time of your appeal. You should submit all documents using the portal. Sending documents by email may delay your appeal.

Any supporting documentation other than a copy of the enforcement notice and plan as required in this section of the appeal form should be kept to a minimum and should be essential and directly relevant to the appeal. Such documentation should be clearly cross-referenced to your grounds of appeal.

You may wish to send appendices to your representations. These can include reports and information that relate directly to the reasons for issuing the enforcement notice. Appendices should be used sparingly.

You may use photographs (preferably in colour) to illustrate your grounds of appeal – for example to show the site and its relationship to its neighbours. If you send photographs you must give details of where they were taken, on a map showing the viewpoints, and when and what they show. If you take photographs in public places, please take reasonable care to respect the privacy of individuals whose images you may inadvertently capture. We are unable to return photographs.

We will return any audio/video evidence sent to us. We cannot accept audio or video evidence, as we cannot be sure that everysept one involved has exactly the same version or that they have the equipment needed to access the evidence. However, you may send a written summary.

If the appeal will proceed by a hearing or inquiry, you may ask the Inspector at the event if they are willing to accept the audio/video evidence and allow it to be played at the hearing/inquiry.

It is your responsibility to contact the LPA to find out whether it has suitable equipment at the venue to access the evidence, or if it will allow you to use your own. The equipment must be suitable to play the evidence so that everyone can see/hear it.

If the evidence is accepted by the Inspector it will become part of the hearing/inquiry evidence and will be retained by the Inspector. You will need to have additional of the audio/video evidence available as if the Inspector allows it to be played these copies will be given to the main parties Our Case Officer will be able to tell you how many copies you will need to provide.

Use of artificial intelligence (AI) in casework evidence

If you use AI to create or alter any part of your documents, information, or data, you should tell us that you have done this when you provide the material to us. See the detailed guidance for further information.

Submitting your appeal

You must read this section carefully and then check the box to confirm you have read the content.

To find out more about how we use and manage your personal data, please go to our privacy notice. Before submitting your appeal, please familiarize yourself with the approach, outlined in our privacy notice, to handling sensitive information (known as ‘special category data’) and potentially inflammatory comments.

Please note that we must receive written notification of your appeal before the date the notice comes into effect. So please make sure that you send your appeal in good time before that date.

You should ensure that you send a copy of the completed appeal form and a copy of any supporting documents you are sending to us and to the LPA. If you choose to send us a copy of a proof of posting, you should also send a copy of that to the LPA.

Further instructions on how to send the documents to the LPA are within the confirmation of appeal email which you will receive upon successful submission of your appeal form.

6. Contacting us

The Planning Inspectorate Customer Support Team
Temple Quay House
2 The Square
Bristol
BS1 6PN

Customer Form: Customer Services and general enquiries.

Telephone: 0303 444 5000

7. Troubleshooting

If you are experiencing issues, please attempt the following:

  • Ensure that your internet browser has JavaScript enabled, which is usually the default setting
  • Ensure that cookies are allowed
  • Ensure that the web address https://www.gov.uk/government/organisations/planning-inspectorate is not added to the IE proxy server exceptions

Note – This is normally only applicable to corporate networks.

8. How we use your information

The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. To find out more about how we use and manage your personal data, please go to our privacy notice.

Back to top