Jurisdiction(s):
United Kingdom

Key definition

Planning appeal definition

What does Planning appeal mean? A planning appeal is a statutory right for a planning applicant to seek an independent merits review of a local planning authority’s refusal of permission, the imposition of conditions, or non-determination within the prescribed period. In England, appeals are made to the Secretary of State under section 78 of the Town and Country Planning Act 1990 and handled by the Planning Inspectorate; they proceed by written representations, hearing or public inquiry. In Wales, appeals are to the Welsh Ministers via Planning and Environment Decisions Wales (PEDW) using similar procedures. In Scotland, appeals to the Scottish Ministers are administered...

Recovered Planning Appeals in England and Wales: Recovery Criteria, Procedures and Decision-making by the Secretary of State and Welsh Ministers

Published by a LexisNexis Planning expert

Practice notes

Ministers may ‘recover’ planning appeals for their own determination. In such cases, rather than the inspector issuing the final decision, they prepare a report with a recommendation on how the appeal ought to be decided. The Secretary of State/Welsh Ministers then reach the decision on the appeal, taking the inspector’s advice into account. Do not confuse recovery with ‘call-in’, where ministers take over the original application from the local authority. See Practice Note: Call-in by the Secretary of State.

When does recovery take place?

Recovery can happen at any point in the appeal up to the moment the inspector issues their decision, including after a site visit, a hearing, or an inquiry has already occurred.

What appeals can the Secretary of State/Welsh Ministers recover?

The Secretary of State/Welsh Ministers have set out criteria describing the kinds of appeals they may choose to recover for their own decision. Nevertheless, they keep broad discretion over if and when to recover an appeal, and only a small proportion of appeals are taken back each year. In practice, ministers use these powers sparingly, with most appeals decided by inspectors each year nationally.

England A Written Ministerial Statement issued on 30 June 2008 sets out...

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Web page updated on 21/05/2026

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