Appeal a planning decision

How to appeal against a planning decision

You can only appeal a planning decision if you're the applicant or their appointed agent.

All appeals are handled by the Planning Inspectorate.

You can find information about the appeals process on the Planning Portal website.

Planning decisions - accordion - Public Access system terms and conditions

Public access system terms and conditions

Plans, drawings and material submitted to the Council are protected by the Copyright, Designs and Patents Act 1988 (Section 47).

You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans.

Further copies must not be made without the prior permission of the copyright owner (i.e. the applicants or their agents).

We make every effort to maintain the accuracy of the information on the public access website but cannot accept responsibility for and disclaims all responsibility for any loss or damage which may arise from the use of the information provided.

By accessing our planning and building control public access system you are agreeing to these conditions.

Planning decisions - text box 3

You can search our planning public access system using the application reference number or address.

If the document you need is not available on the system, you can email planning@rutland.gov.uk - please include the reference number (YYYY/0001/FUL, for example), the property address and the type of document you need.

You cannot visit the council offices for documents that are not available on the system - this is to make sure we're data compliant.

Planning decisions - accordion - What we can and cannot consider

Guide to what we can and cannot consider

We have a statutory duty to consider the provisions of the Local Plan and any other 'material considerations'. The most common "material considerations" include (the list is not exhaustive):

  • local, strategic, regional and national planning policies
  • Government circulars, orders and statutory instruments
  • previous planning decisions (including appeal decisions)
  • design, visual appearance, and materials
  • layout and density of buildings
  • loss of daylight or sunlight
  • overshadowing/loss of outlook (but not loss of view)
  • overlooking/loss of privacy
  • noise and disturbance from use
  • smells
  • light pollution
  • highway safety issues
  • traffic generation
  • vehicular access
  • adequacy of parking
  • loss of important trees
  • landscaping
  • nature conservation
  • intrusion into the open countryside/ Green Belt
  • risk of flooding
  • effect of Listed Buildings and Conservation Areas
  • archaeology
  • hazardous materials and ground contamination
  • disabled persons access

We cannot take into account

Many concerns cannot be addressed through the planning process, these include:

  • loss of view
  • loss of property value
  • breach of restrictive covenant
  • loss of trade to a competitor
  • the level of profit a developer might make
  • personal circumstances of the applicant (in most cases)
  • moral objections e.g. to uses such as amusement arcades and betting offices
  • matters controlled under Building Regulations or other non-planning laws, e.g. structural stability, drainage, fire precautions etc
  • private issues between neighbours e.g. land/boundary disputes, damage to property, private rights of way, covenants etc
  • problems arising from the construction period of any works, e.g. noise, dust, construction vehicles, hours of work etc.
  • the development is already completed

If you have any questions, you can email our planning team: planning@rutland.gov.uk

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