How to appeal

If you are unhappy with the outcome of a planning application and have Interested Person Status you may wish to appeal. Before doing so please thoroughly consider the Officer report and the reasons for refusal/conditions of approval via online services. Appeals normally take at least 6 months. 

If applicants believe they could amend their proposal or provide more information to address the reasons for refusal another option is to submit another planning application (such resubmissions made within 12 months of the refusal receive a 50% discount off the usual planning fee).

For an appeal to be valid it must meet the following:

• Be received by the Planning & Building Control Directorate of DEFA within 21 days of the planning decision notice being issued
• Be in writing (either hard copy or email)
• Be submitted by the applicant, their agent or another party with Interested Person Status
• Include the reasons for making the appeal (see below)
• Be supported by payment of a fee – this can be at the Planning Office counter or (for posted/emailed submissions) we will contact you by phone or e-mail to take payment
• Include a confirmation as to whether your preference is for the appeal to be considered by inquiry (which attracts an additional fee) or written representations (which can be quicker) – see Appeal Process

Although not obligatory, you are encouraged to use the Appeal Form. 

Failure to include ALL criteria will render an appeal invalid.

The appeal should be sent to:

Appeal Reasons

Appeal submissions should explain whether you agree with the initial decision (i.e. want the appeal to be rejected) or whether you disagree with the initial decision (i.e. want the appeal to be successful). You should also explain your argument in detail, including reference to the initial decision (for example the reasons for refusal, if applicable). It should be noted that the appeal process will consider the application in full, even when an appeal is purely against a condition of approval, as the Minister is empowered to reverse or vary any part of the Department’s initial decision.

Multiple Appeals and Withdrawals

All parties (regardless as to Interested Person Status) will be notified where a valid appeal has been lodged. Should a party receive notice that an appeal has been lodged, and had powers and intention to submit their own, they may wish to do so. This is because an appellant may withdraw the appeal by giving notice in writing to the Cabinet Office at any time prior to a) 7 days from the date of the scheduled commencement of an inquiry or b) in the case of a written representation procedure, at any time before the final date of the receipt for the written submission.

Fee Refunds

Where an appeal is successful the appeal fee initially paid by the appellant will be refunded (this does not relate to any additional fee paid in relation to requesting a hearing and there is no refund in the event of a withdrawn appeal). Please be aware that costs may be charged against the appellant should they fail without reasonable cause to appear at the time and place appointed for the inquiry.