Types of appeal

Countryside, access and rights of way

Appeals can be made in respect of:

• Rights of way¹
• Common land access²
• Hedgerows³
• Environmental liability and permits⁴
• Coastal access⁵

Highways and transport

Appeals can also be submitted in respect of Highways cases, Harbour Revision Orders, Stopping up of highways, Side Road Orders, Compulsory Purchase Orders, Transport and Works Act cases, and bridge tolls.

“Called-in” planning applications

If an application is ‘called in⁶’ by the Secretary of State for consideration then there is an opportunity to appeal this decision.

Section 106BC and Section 106B appeals

This type of appeal is in respect of the modification or discharging of planning obligations (Section 106B) and in relation to obligations in respect of affordable housing (Section 106BC).

Detailed government guidance around Section 106 appeals is available here⁷.

Community Infrastructure Levy (CIL)

If you wish to appeal following an action by the CIL collecting body, then you may appeal under Regulations 69, 80-88 and 90 of the Community Infrastructure Levy Regulations 2010.

Read more about making a CIL appeal⁸.

Purchase notices

A landowner may, following an adverse planning decision, serve a Purchase Notice on the relevant Local Planning Authority requesting that they acquire the land in question. Such a process is administered by the Planning Inspectorate.

Crossrail

Appeals can also be made in respect of matters relating to the construction of Crossrail, such as against a decision to refuse or request for approval, or in respect of conditions imposed.

Appeals can also be made in relation to noise from construction sites in respect of Crossrail.

The relevant form and detailed guidance are available here.⁹

1. https://www.gov.uk/appeal-right-of-way-decision
2. https://www.gov.uk/government/collections/the-countryside-and-rights-of-way-act-2000-access-appeals
3. https://www.gov.uk/government/publications/hedgerows-retention-and-replacement-notices-the-appeal-procedures/hedgerows-retention-and-replacement-notices-guidance-on-the-appeal-procedures
4. https://www.gov.uk/government/collections/environmental-appeals
5. https://www.gov.uk/guidance/open-access-land-and-the-coastal-margin-how-to-restrict-public-access
6. https://www.gov.uk/government/collections/planning-applications-called-in-decisions-and-recovered-appeals
7. https://www.gov.uk/guidance/appeal-a-modification-or-discharge-of-planning-obligation-application-s106
8. https://www.gov.uk/guidance/community-infrastructure-levy-how-to-make-an-appeal
9. https://www.gov.uk/government/publications/crossrail-planning-appeals-form-and-guidance