ABSTRACT
The right of the individual to challenge decisions on planning applications taken by a local planning authority (lpa) has always been embodied in planning legislation, and any applicant who is aggrieved by the decision taken by the lpa, and who wishes to challenge that decision, must, in the first instance, appeal to the Secretary of State (SoS). An appeal should be lodged within six months of the date of the decision notice 'or such period as the Secretary of State may allow'. The determination of appeals is part of the quasi-judicial function carried out by the SoS and, in most instances, his decision is final. It is only when the decision of the SoS is challenged on a point of law that the matter is brought before the courts. Appeals determined by way of an inquiry are governed by the Town and Country Planning Rules 2000 (SI 2000/1624).
