Planning and building control

Your council decides most planning applications, publicises them so people can comment, and takes enforcement action against breaches of planning control. It also provides building control, although you can use a registered building control approver instead. Appeals are decided by Planning and Environment Decisions Wales.

Who runs this service

Some parts of this service are run by other organisations:

Planning and Environment Decisions Wales (PEDW)

Decides planning appeals on behalf of the Welsh Ministers, along with developments of national significance and other casework. Source: Planning and Environment Decisions Wales (PEDW)

Getting urgent help

Appeal deadlines are short, so act quickly

If you applied and were refused, you have 12 weeks from the date on the decision notice to appeal a householder decision, and 6 months for other planning decisions. If the council did not decide within 8 weeks, there is no deadline for appealing. Source: Appeal deadlines are short, so act quickly

Telephone: 0300 123 1590

More information about Appeal deadlines are short, so act quickly

Your rights

A decision within 8 weeks, unless a longer time is agreed

The council should decide a planning application within 8 weeks of receiving it. A longer period can be agreed in writing between you and the council. Source: A decision within 8 weeks, unless a longer time is agreed

You can comment on an application

Councils must publicise applications, for example by a site notice, letters to neighbours, a newspaper advert or their website. Where a site notice is used it must be displayed for at least 21 days. The notice tells you the date by which comments must be made. Source: You can comment on an application

Only the applicant can appeal

If an application is refused, only the person who made it can appeal. Neighbours and objectors have no right of appeal against a permission that has been granted. Source: Only the applicant can appeal

Anyone can comment on a planning appeal in Wales

Anyone can comment on a planning appeal, normally within 4 weeks of the appeal start date. If you commented on the original application, the council must tell you within a week of the appeal starting. Source: Anyone can comment on a planning appeal in Wales

Time limits for enforcement action

In Wales, no enforcement action can be taken more than 4 years after building or engineering works were substantially completed, or after a change of use to a single home. For other breaches the limit is 10 years. Enforcement is a matter for the council’s judgement, so it decides whether action is expedient. Source: Time limits for enforcement action

Building control comes from the council or an approver

For building regulations approval you can use your council’s building control department or a private registered building control approver. Source: Building control comes from the council or an approver

How to complain

1. Contact the planning department first

   Ask the case officer or the planning service to explain what has happened, for example why a decision is taking longer than 8 weeks or what is happening with an enforcement report. Source: Contact the planning department first

2. Use the council’s complaints procedure

   A complaint is about how the council acted, such as delay, poor communication or not following its own procedure. It is not a way to change a planning decision. Source: Use the council’s complaints procedure

3. Ask for the council’s final response

   Complete the council’s complaints procedure and ask for its final reply in writing. The Ombudsman will normally expect you to have done this first. Source: Ask for the council’s final response

If you are still unhappy

Planning and Environment Decisions Wales

Decides planning appeals, householder appeals and enforcement notice appeals in Wales. Only the applicant, or the person served with a notice, can appeal. Source: Planning and Environment Decisions Wales

When: When your own application has been refused, granted with conditions you disagree with, or not decided.

Time limit: 12 weeks for householder appeals and 6 months for other planning appeals, from the date on the decision notice

Telephone: 0300 123 1590

Public Services Ombudsman for Wales

Looks at whether the council handled the planning process badly, for example delay, failing to notify neighbours or not following its procedures. It cannot change a planning decision. Source: Public Services Ombudsman for Wales

When: After you have complained to the council and had its final response.

Time limit: Normally within 12 months of the day you first knew about the matter

Telephone: 0300 790 0203

The courts (judicial review or statutory challenge)

A court can consider whether a decision was lawful. This is not a way to argue that a decision was simply wrong. Time limits are very short and legal advice is essential. Source: The courts (judicial review or statutory challenge)

When: Only where you think a decision was unlawful. Get advice as early as possible.

Time limit: A judicial review claim about a planning decision must be filed within 6 weeks. A challenge to an appeal decision must be made within 6 weeks

Free, independent advice

Welsh Government: planning appeals

Guidance on appealing a planning decision in Wales, including householder appeals and commenting on an appeal. Source: Welsh Government: planning appeals

Planning and Environment Decisions Wales

The body that decides appeals. It welcomes calls and correspondence in Welsh. Source: Planning and Environment Decisions Wales

Telephone: 0300 123 1590

GOV.UK: building regulations approval

Explains when building regulations approval is needed in England and Wales, and who can provide building control. Source: GOV.UK: building regulations approval