If you think we have made the wrong decision on your application, or if you have not been given a decision within 8 weeks (for householder or minor applications), you can ask the Secretary of State to consider your case.

The Inspector will consider the proposal from scratch, looking at the same matters as the Council. It is the Inspector's job to ensure that all relevant matters have been properly taken into account.

When can I appeal?

You can appeal to the Secretary of State if the council has:

  • Refused your application for planning permission
  • Given permission but with conditions which you feel are unreasonable
  • Refused to approve the details of a scheme which has already been given outline permission
  • Approved the details of such a scheme but with conditions which you feel are unreasonable
  • Refused your proposal to meet a condition
  • Taken longer than 8 weeks (for householder or minor applications), to decide your application and have not told you that your application is being rejected because it is repetitive

The Planning Inspectorate must receive your appeal within 6 months of the date of the council's decision (12 weeks in the case of a Householder application refusal – see Householder Appeal Service below). If there was no decision, you must send your appeal to arrive within 6 months of the end of the period when the decision should have been sent. In the case of advertisements, or works to protected trees, this time limit is reduced to 8 weeks.

How can I appeal?

Please use the Planning Portal online service (external link).

Alternatively, you can get the forms from the Inspectorate's Office at the address below:

"The Planning Inspectorate Registry/Scanning Room3/05 Kite Wing Temple, Quay House, 2 The Square Temple Square, Bristol, BS1 6PN".

We will notify those likely to be affected by the development, all those who commented on the original proposal and all other interested parties.

How will my appeal be handled?

Four out of five appeals are dealt with by written representations. Your appeal is decided on the basis of written statements from you, the council and any other third party interests. The Inspector will visit the site.

If you or the council wish to be heard by an Inspector, a Public Local Inquiry or an Informal Hearing will take place.

A hearing is more relaxed and usually involves an open discussion led by the Inspector following written submissions.

A Public Local Inquiry involves legal procedural rules, but you have the right to speak directly to the Inspector and challenge the evidence put forward by the council. The Inspector will visit the site.

Purchase of environmental mitigation

If you are proceeding with an appeal and have purchased environmental mitigation from the authority (Solent Recreation Mitigation Strategy or Nutrient Neutrality to mitigate against the effects of the development on the harbours) then it is important that the mitigation is current at the date the appeal is likely to be decided. Agents/applicants will need to speak to their original case officer or email planning.development@havant.gov.uk if they need to purchase updated mitigation and this conversation should be opened early in the appeals process. More information on S106 and mitigation can be accessed from Section 106 legal agreements | Havant Borough Council

The appeals decision

The decision will describe the proposals, identify the important planning issues and examine the main arguments for and against the proposal. It will then explain why the Inspector has reached the decision.

Householder Appeals Service

There is a specific Householder Appeals Service which is used for all Householder planning applications received on or after 6 April 2009. 

Under this process, an appeal against refusal of permission is to be dealt with in a faster, more streamlined way.

Please note that process does not cover appeals against conditions imposed on a granted permission nor appeals against failure of the planning authority to determine the application within 8 weeks.