If a planning application is refused, the person who made the application (the 'applicant') has a right to appeal. No other person (known in planning as a 'third party') can appeal against the decision. If you agreed with the decision to refuse, and the applicant decides to submit an appeal to the Planning Inspectorate, you will be given another chance to comment on the appeal. For more information about appeals, click here.
If an application is approved, there is no right to appeal. But if you feel that the decision was not made fairly, you can make a complaint through the planning authority's official complaints process. If you are still not satisfied, you have a right to make a complaint to the Public Services Ombudsman for Wales. To find out more about the Public Services Ombudsman, click here.
Judicial Review
A Judicial Review is a legal review of a planning authority's decision to grant planning permission. The review happens in the High Court and looks at whether the decision made by the local planning authority was fair. The review process looks at the way that the decision was made - it does not consider the conclusion that was reached by the planning authority.
Only 'third parties' who are considered to have a sufficient interest in the planning permission can ask for a review. The review must be applied for as soon as possible, and certainly within three months of the date of the decision notice. Please note that extreme caution is needed here - judicial review can be very expensive, and you should seek legal advice before taking any action.
Remember that if planning permission is granted by the Welsh Assembly Goverment and not a local planning authority, the time limit for challenging the decision by Judicial Review is six weeks.
The review process is split into two parts. Firstly the person who applies for the review has to ask permission from the Administrative Court for the review to go ahead. If this permission is granted the second part of the process is the actual hearing.
If you are considering going down the route of judicial review, click here for more detailed guidance.
Do seek legal advice before starting the judicial review process as you may have to pay costs if the review of the decision fails.