Recovered planning appeal

If a planning application is refused permission, the applicant may lodge an appeal, which will usually be decided by a planning inspector acting for the Secretary of State.

However, planning appeals can be ‘recovered’ for decision by the Secretary of State. In this case the planning inspector prepares a report recommending how the appeal should be determined and passes this to the Secretary of State. The Secretary of State will then consider the inspector's recommendations and make a decision.

Appeals can be recovered at any stage of the appeal process, even after there has been a planning inquiry.

Appeals that are recovered tend to be:

• Those that relate to important projects of local significance.
• Proposals that give rise to regional or national controversy.
• Proposals that present novel issues or legal difficulties.
• Proposals that relate to the delivery of government policy or other government interests.
• Proposals relating to World Heritage Sites.
• Proposals relating to traveller sites in the green belt.

NB See Written statement by the Parliamentary Under-Secretary of State for Communities and Local Government (Mr. Parmjit Dhanda) June 2008 for more information.

Recovered appeals are determined in the same way as normal appeals, based on written representations, hearings or inquiries.

[edit] Related articles on Designing Buildings

• Called-in planning applications.
• Planning appeal.
• Planning Inspectorate.
• Planning permission.
• Planning related applications for judicial review.

[edit] External references

• Gov.uk, Planning applications: called-in decisions and recovered appeals.
• Written statement by the Parliamentary Under-Secretary of State for Communities and Local Government (Mr. Parmjit Dhanda) June 2008.