Appeals

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Appeals

Appeals against refusal of planning permission, or 'non-determination' of an application. 

Only the applicant has a right of appeal against a planning decision. You appeal to the Planning Inspectorate. The Inspectorate is independent from Brighton & Hove City Council. You can see a database of appeals on their website. Their website has appeal forms, or you can appeal online via the Planning Portal. There will be more information in your decision letter.

You can appeal against:

• a refusal of planning permission,
• conditions attached to a planning approval,
• a decision not being made within eight weeks of us receiving a valid application - this is known as a deemed refusal. We advise you to contact the case officer before you appeal on these grounds.
• an enforcement notice relating to unauthorised development.

You may need to check the council's Local Plan policies. You may be able to find similar appeals by searching the Planning Register of Appeal Decisions, for example using the 'development type' search, or ward based searches.

If you need professional help

The Development Control Service is here to advise you, but if your project is complex or controversial, or requires particular expertise, you may want a professional to act for you. We cannot recommend any particular professional agent but you could try the following organisations. The list is not exhaustive and other professionals may be able to help you.

• The Royal Town Planning Institute, www.rtpi.org.uk
• The Royal Institution of Chartered Surveyors, www.rics.org.uk
• The Chartered Institute of Architectural Technologists, www.ciat.org.uk
•  The Royal Institute of British Architects, www.riba.org.uk

If you have an agent, the council and you would direct all correspondence and enquiries through them, including the decision notice.

We will assume your agent has advised you about the risks that may arise if you do not follow our advice. Your agent should also be able to advise you about the foreseeable issues associated with your proposal. So, if you have any problems with your application, including an invalid entry on the register, please contact your agent.