Disputing Decisions about Listed Buildings
Local planning authorities (LPA) decide the outcomes of listed building consent applications. But, you can appeal if (either):
- You want to dispute (or disagree with) the conclusion.
- They failed to reach a decision within eight (8) weeks or thirteen (13) weeks for major developments (e.g. buildings over 1,000 m2 or at least ten dwellings).
Appealing a decision about a listed building consent application is free.
You can check the Planning Inspectorate guidance for further information about the latest timescales for planning appeal decisions.
Deadlines for Making Appeals
You must submit your appeal no later than six (6) months of the (either):
- Date when the local planning authority (LPA) made the decision.
- Due date for the decision if they failed to decide within eight (8) weeks (thirteen weeks if it relates to a major development).
How to Lodge an Appeal
You can appeal online, search for, or comment on a planning decision(s) or notice. In some cases, you may need to create an account with the Planning Inspectorate.
Documents Required for Appeal
The Planning Inspectorate will explain how to send a copy of the appeal (and relevant supporting documentation) to the local planning authority (e.g. at your local council). As a rule, you will need to submit:
- A copy of the:
- Listed building consent application form (including any documents submitted with it).
- Site ownership certificate (stating the current owners).
- Details of any correspondence made with the local planning authority (LPA).
- Site plans (including any other relevant documentation that directly supports the appeal, such as boundary maps).
Note: The main section has more advice and information about building regulations and planning permissions in Great Britain and Northern Ireland.
Commenting on a Planning Appeal
Anyone can voice their concerns, or submit comments about, listed building consent appeals by searching online for cases on the Planning Inspectorate website.
The first deadline for commenting is five (5) weeks from the start date of the appeal. Local planning authorities (LPA) must inform all interested parties within five (5) working days of the date when the Planning Inspectorate started the appeals process.
Note: You can read detailed guidance about making your views known (e.g. through virtual events held by the Planning Inspectorate).
Validating Listed Building Consent Appeals
Planning Inspectorates need to check all appeals for validity. But, once they have validated the dispute, they will inform the applicant of what happens next and how long the process is likely to take.
Applying for an Award of Costs
In some cases, you may be able to claim planning appeal costs (also called an ‘award of costs’). In simple terms, someone needs to have behaved ‘unreasonably’ for you to have grounds for a valid claim.
As a rule, getting an ‘award of costs’ will depend on whether someone’s mistake cost you money (e.g. missed a deadline).
The complaints procedures have no time limit. Thus, you can use the process for complaining about the way that the Planning Inspectorate handled your case.
Disputing an Appeals Decision
What if you believe the Planning Inspectorate made a legal mistake? In this case, you can challenge the decision in the High Court. It may be best to seek advice from a lawyer if you choose to pursue this option.
Related Help Guides
- Appeal a decision about a tree preservation order.
- How to appeal a hedgerow notice?
- Scaffolding regulations in the United Kingdom.
Note: This short video presented by Historic England explains when you need listed building consent and how to apply for it from your local planning authority (LPA).