Biodiversity Gain Plan: how to complete your appeal form
How to complete a Biodiversity Gain Plan appeal form
Applies to England
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 keep your details up to date.
You cannot change your name once your account has been created.
If you make a change to your address details or telephone 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 and eligibility
LPA’s determination period
The LPA should have determined the Biodiversity Gain Plan within 8 weeks beginning with the day after the date the LPA received the plan, or such longer period as may have been agreed in writing by the LPA and the person who submitted the plan.
Appeal deadlines
If you want to appeal against the LPA’s decision to refuse the Biodiversity Gain Plan, we must receive the appeal within 6 months of the date on the LPA’s refusal notice.
If you’re appealing against the LPA’s failure to determine the Biodiversity Gain Plan, we must receive the appeal within 6 months of the date the LPA should have determined the plan (i.e., unless a time extension was agreed in writing, 8 weeks beginning from the day after the date you submitted the plan).
If we do not receive your appeal and supporting documents within the time limit, we will not accept your appeal.
Who can appeal
Only the person who submitted the Biodiversity Gain Plan to the LPA can appeal.
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 planning 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 your application documents, including any decision issued from your LPA.
You will be asked whether the appeal relates to a Planning Application, an Enforcement Notice, a Lawful Development Certificate or an Advert Application/Discontinuance Notice. Select ‘Planning Application’.
You will be asked whether your appeal relates to Planning or Listed Building Consent. Select ‘Planning’.
You will next be asked questions about the type of development that planning permission was granted for. Answer these questions using the description of development on the planning permission.
You will then be asked your reason for making an appeal. Select ‘Refused to approve any matter required by a condition on a previous planning permission’.
If you believe that you may have selected the wrong from, please select the ‘Restart’ button.
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.
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
The name of the LPA 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.
For ‘LPA reference number’, provide the LPA reference number allocated to your Biodiversity Gain Plan determination.
For ‘Date of the application’, provide the date you submitted your Biodiversity Gain Plan to the LPA.
If the LPA did not validate or register your Biodiversity Gain Plan submission, you should send us any relevant correspondence they sent to you. You will have the opportunity to do this later in the appeal form in the section on supporting documents.
If the LPA issued a decision on your Biodiversity Gain Plan, provide the date of that decision.
Appeal Site Details
The appeal site must be the same as the site given in the planning permission.
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 additional question as to 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.
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Will the Inspector be expected to wear Personal Protection Equipment? Please give details.
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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?
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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.
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Is the site remote or in an area likely to have a poor mobile phone signal?
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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.
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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?
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Are there any site-specific safety arrangements in place?
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Is the site accessible for persons with limited mobility?
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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.
Description of development
You need to provide details of the proposed development. This will be precisely as stated in the planning permission.
Please also include ‘(BNG)’ in the description of development.
Area of the appeal site
This means the area of the whole site, not just the part that you intend to develop. For example, if you propose building an extension to an office or factory, the area of the appeal site is the area of the existing building and any area of land that belongs to it, including any driveway, parking area, grass or garden, shed, garage etc.
Site measurements are normally given in hectares. There are 10,000 square metres in 1 hectare.
Area of floor space of proposed development in square metres
This means that you must include the floor space of each storey of the proposed development and give the total area in square metres.
Demolition of a non-listed building within a conservation area
The LPA in their decision will probably have referred to the conservation area if the building is in one. If you are unsure whether the building is in a conservation area you should ask the LPA.
Reason for the appeal
The reason for the appeal will already be selected as you did this at the start of the process. You will be unable to edit this section as it will be locked down.
The reason will have transferred through to the form from when you entered it at the start of the process. If you need to change the reason you will need to start a new form from your homepage.
Choice of Procedure
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 simplest, quickest and most straightforward way of making an appeal. The majority of planning appeals proceed by the written procedure.
See 9 of the Planning Appeals Procedural Guide for a more detailed explanation of written representations procedure.
The Inspector will usually visit the site.
We will use your responses to question 1(a) within the Choice of Procedure section and the health and safety question within the Appeal Site Details section of the appeal form to help us decide how any site inspection should be conducted.
The hearing procedure
This procedure is likely to be suited to cases which require detailed discussion about the merits of a proposal 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 by witnesses. In this case, an inquiry would be more suitable.
See 10 of the Planning Appeals Procedural Guide for a more detailed explanation of the hearing procedure.
Hearing date
If there is any further information relevant to the practicalities of the hearing arrangements please explain this at 2(a).
The inquiry procedure
This is the most formal of the 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. 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 criteria for an inquiry. Although you may indicate a preference for an inquiry, we must be satisfied that your appeal is suitable for this procedure.
If you intend to request an inquiry, you must notify us at inquiryappeals@planninginspectorate.gov.uk at least 10 days before submitting your appeal. You should also notify the LPA.
See 11 of the Planning Appeals Procedural Guide for a more detailed explanation of the inquiry procedure.
In question 3 (a), you need to indicate how many witnesses you intend to call. If you have instructed someone to represent you at the inquiry (your ‘advocate’) it may be useful for you to get their views on who will be your witnesses.
In question 3(b), you will need to discuss with your witness how long it will take them to give their evidence or your advocate may be able to advise you.
In question 3 (C ), you need to say how long you estimate the inquiry will last, including the time you think will be required to present all of 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 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.
Inquiry date
If there is any further information relevant to the practicalities of the inquiry arrangements please explain this at 3(d).
Statement of common ground
If you request a hearing or an inquiry, in addition to the full statement of case, you must send us a draft statement of common ground, which you should discuss with the LPA. A draft 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 a more detailed explanation for the statement of common ground please see 13 of the Planning Appeals Procedural Guide.
Full statement of case
You should set out in detail, why you think that the Biodiversity Gain Plan should be approved and provide copies of any documents which you intend to rely on.
Your statement of case should be in full, as there will be no opportunity to add to it at a later stage so you should only make your appeal when you are certain that you have finalised your case.
Do not repeat the LPA’s reasons for refusal, 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 – this will not help the Inspector decide your appeal.
For further information on the statement of case, please see 12 in the Planning Procedural Guide.
Failure to determine
If you are appealing against the LPA’s failure to determine your Biodiversity Gain Plan, it will be helpful to tell us why you think that the Biodiversity Gain Plan should be approved.
Biodiversity Net Gain
Your statement of case should seek to demonstrate why the Biodiversity Gain Plan shows that the Biodiversity Net Gain objective will be met for the development. Please refer to the Planning Practice Guidance on Biodiversity Net Gain.
Site ownership certificates
As we need to know who owns the appeal site you must complete a site ownership certificate. “Owner” means a person having a:
- freehold interest
- or a leasehold interest with 7 years or more to run
- or in the case of development consisting of the winning and working of minerals, a person entitled to an interest in a mineral in the land (other than oil, gas, coal, gold or silver).
If you knowingly or recklessly sign an ownership certificate which contains any statement which is false or misleading, you are committing an offence and would be liable to a fine if convicted.
Certificate A
If you own the whole appeal site you should tick Certificate A. You can now go to the Agricultural Holdings section.
Other certificates and giving notice
If you do not own the whole appeal site you must inform all the owners of the land that you are going to make an appeal. We call this “serving notice”. You must serve notice on the person (or people) who owned the land on the day 21 days before the day you send your appeal form to us. You must do this during the 21 days immediately before, or on the day, you send your appeal to us.
Serving notice
In Annexe 2A is the form you must use to serve notice on all other owners and any tenant of an agricultural holding.
You can:
- cut and paste this notice
- or type your own version that must contain exactly the same wording.
What you must do with the notice
If you do not own the appeal site or do not own all of it and you know the names and addresses of all or some of the other owner(s) you must serve the notice on the owners that you do know. You must do this by:
- handing the notice personally to them
- or by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address
- or sending the notice by registered or recorded delivery post
- or in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications.
If it appears that the land is unoccupied, if you have not been given an address for the service of notice for some or all of the other owners you may address the notice to “the owners and any occupiers” and fix the notice visibly to some object on the land.
If you have to serve notice on an organisation you must address it to the secretary or clerk of the organisation at their registered or principal office.
Certificate B
If you know the names and addresses of all the owners of the appeal site and you have served notice on them you should tick and complete Certificate B.
Please click the ‘Add this person’ button to ensure that the details you have entered upload. You then have the option to add further owners by selecting ‘Add Another’.
You can now go to Section I (part two) Agricultural holdings certificates.
Certificate C
If you know the names and addresses of some, but not all of the owners of the land involved in the appeal you must serve notice on the owners that you do know about – see above. Also you must publish the notice in a local newspaper. This is so that any other owners may become aware of your intention to appeal. You must send a copy of the published notice to us with your appeal.
In these circumstances you should complete Certificate C given in Annexe 3.
You must send us a copy of the completed Certificate C, and the notice as published.
You can now go to Section I (part two) Agricultural holdings certificates.
Certificate D
If you do not know the names and addresses of the owners of the land involved in the appeal you must publish the notice in a local newspaper.
In these circumstances you should complete Certificate D, given in Annexe 4.
You must send us a copy of the completed Certificate D, and the notice as published.
You can now go to Section I (part two) Agricultural holdings certificates.
Agricultural holdings
We need to know if the appeal site forms part of an agricultural holding. If it does not you should select option (a).
If part or all of the appeal site is an agricultural holding the notice given in Annexe 2A should be served on any tenant. You must do this during the 21 days immediately before, or on the day, you send your appeal to us.
For further information you should look at section 1 of the Agricultural Holding Act 1986.
“Tenant” means a tenant of an agricultural holding any part of which is part of the appeal site.
If you have selected (b)(ii) and have entered details of a tenant, please click the ‘Add this person’ button to ensure that the details upload. You then have the option to add further tenants by selecting ‘Add Another’.
Supporting documentation
In the following table is outlined which documents you need to submit and in which field they must be attached:
| Document | Field | To note |
|---|---|---|
| The original application for planning permission | ’01. A copy of the original application form sent to the LPA.’ | |
| All plans, drawings and other documents sent to the local planning authority relating to that application | ’05. (a) Copies of all plans, drawings and documents sent to the LPA as part of the application. The plans and drawings should show all boundaries and coloured markings given on those sent to the LPA.’ | This should include any Design Access Statement or Environmental Statement submitted as part of the application. |
| A site plan | ‘04. A site plan (preferably on a copy of an Ordnance Survey map at not less than 10,000 scale) showing the general location of the proposed development and its boundary. This plan should show two named roads so as to assist identifying the location of the appeal site or premises. The application site should be edged or shaded in red and any other adjoining land owned or controlled by the appellant (if any) edged or shaded blue.’ | |
| The notice of the determination not to approve the Biodiversity Gain Plan if the LPA issued one. If the LPA failed to issue a decision, please enclose a copy of the LPA’s letter in which they acknowledged the submission of the Biodiversity Gain Plan. | ‘10. Any relevant correspondence with the LPA. Including any supporting information submitted with your application in accordance with the list of local requirements.’ | |
| The Biodiversity Gain Plan | ‘10. Any relevant correspondence with the LPA. Including any supporting information submitted with your application in accordance with the list of local requirements.’ | |
| The correctly completed Biodiversity metric tool | This must be submitted to us by email to cat@planninginspectorate.gov.uk. The subject field of the email should contain the appeal reference number that will be generated once you have submitted your appeal, the site address and specify that the metric is in relation to a biodiversity gain plan appeal. | The biodiversity metric tool must be submitted as an excel document with macros enabled. |
| Any data compiled for the purpose of completing the metric. | ‘10. Any relevant correspondence with the LPA. Including any supporting information submitted with your application in accordance with the list of local requirements.’ | |
| All correspondence with the LPA relating to the determination whether to approve the Biodiversity Gain Plan | ‘10. Any relevant correspondence with the LPA. Including any supporting information submitted with your application in accordance with the list of local requirements.’ | If your appeal is against the LPAs refusal to validate your Biodiversity Gain Plan, this should include the notice under article 12 of the Development Management Procedure Order 2015 disputing the LPA’s local list requirements. |
| A list of all documents submitted to the LPA as part of the original planning application and Biodiversity Gain Plan determination | ‘05. (b) A list of all plans, drawings and documents (stating drawing numbers) submitted with the application to the LPA.’ |
If we do not receive all your essential appeal documents listed on the appeal form by the end of the appeal period we will not be able to proceed with it and you will lose your right to appeal. We do not ‘chase’ missing documents, so make sure that you have sent us everything; if not your appeal will be delayed or possibly turned away.
All documents should be submitted at the time of your appeal. With the exception of the biodiversity metric tool which should be submitted by email (see the table above), you should submit all documents using the portal. Sending documents by email may delay your appeal.
Any supporting documentation should be essential and directly relevant to the appeal. Such documentation should be clearly cross-referenced to your full statement of case.
You should list all the plans/drawings that you are sending to us and include their reference to the scale, orientation, and paper size. You should send us copies of all plans sent to the LPA with your application (including plans which have been superseded, you should clearly mark these “superseded”).
You may wish to send appendices to your representations. These can include reports and information that relate directly to the case and in response to the reason for refusal (if any).
You may use photographs (preferably in colour) to illustrate your statement of case. 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 everyone 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.
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.
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.
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
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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.