Your council has 8 weeks to decide your planning application. Or 13 weeks, if it is a major development. Those are statutory deadlines, not targets.
In practice, many councils miss them regularly - and when they do, you face a tactical decision: agree an extension and preserve the relationship, or appeal for non-determination and force someone else to decide. Neither option is obviously right, and the appeal deadlines vary more than most people realise.
The statutory deadlines
Standard applications: 8 weeks
Most planning applications must be determined within 8 weeks from the date the council validates your application (not the date you submitted it - validation can take a week or more).
This includes:
- Householder extensions and alterations
- Change of use applications (non-major)
- Small-scale commercial developments
- Applications for fewer than 10 dwellings
Major developments: 13 weeks
Major developments get a longer window of 13 weeks. These include:
- Residential developments of 10 or more dwellings
- Buildings with floor space of 1,000 square metres or more
- Development on sites of 1 hectare or more
- Mineral extraction and waste developments
Environmental Impact Assessment: 16 weeks
Applications requiring an Environmental Impact Assessment (EIA) have 16 weeks for determination.
Reserved matters and technical details consent
Reserved matters applications under an outline permission generally follow the standard 8/13/16-week determination windows, depending on scale and whether EIA applies.
Technical details consent (for permission in principle routes) has a 10-week determination period.
The planning guarantee
The government's "planning guarantee" policy states that no application should remain undecided for more than:
- 26 weeks for major applications
- 16 weeks for non-major applications
Beyond these periods, the council is significantly underperforming. The overall policy is that no application should spend more than 1 year in the system, including any appeal.
What happens when the deadline passes
Option 1: Agree an extension of time
Councils routinely request extensions of time (EOTs) when they cannot meet the statutory deadline. They will ask you to agree in writing to a new target date.
Advantages of agreeing:
- Maintains working relationship with the planning officer
- May result in approval after negotiation
- Avoids the uncertainty and delay of an appeal
Disadvantages:
- No guarantee the extended deadline will be met either
- You lose your right to appeal for non-determination during the agreed period
- Can drag on indefinitely if you keep agreeing
Option 2: Appeal for non-determination
If the statutory deadline passes (and you have not agreed an extension), you can appeal to the Planning Inspectorate on the grounds of "non-determination." The council has failed to make a decision, so you ask a planning inspector to decide instead.
Advantages:
- Forces a decision within a defined timescale (typically 6 months)
- Takes the decision out of an unresponsive council's hands
- Can be tactically useful if you expect refusal
Disadvantages:
- Appeals are resource-intensive (statements, evidence, potentially a hearing)
- The inspector might refuse permission
- Costs money and time even if you win
Appeal deadlines: it depends on the type of appeal
If your application is refused (or not determined), the time limit for submitting an appeal depends on the type of appeal. In England:
| Situation | Appeal deadline |
|---|---|
| Most planning appeals | 6 months from decision date (or from when the determination period expired) |
| Householder appeals | 12 weeks from decision date |
| Minor commercial appeals | 12 weeks from decision date |
| Advertisement consent appeals | 8 weeks from decision date |
| Enforcement notice served | 28 days from service (or before the notice takes effect) |
Important: Do not assume all appeals have a 6-month window. Householder and minor commercial appeals have significantly shorter deadlines. If an enforcement notice is served, the deadline compresses to 28 days.
How long do appeals take?
The Planning Inspectorate aims to determine appeals within 26 weeks, but this varies by appeal type:
| Appeal type | Target timeframe |
|---|---|
| Written representations | 18-26 weeks |
| Hearing | 26-30 weeks |
| Inquiry | 30+ weeks |
In practice, planning appeals often take around 6 months from submission to decision.
The gaps between the rules and reality
Validation is not the same as submission
The deadline clock starts from validation, not submission. If you submit on 1 January but the council does not validate until 15 January (because of missing documents, fee issues, or just backlog), your 8-week deadline starts on 15 January.
Practical takeaway: Chase validation if you have not heard within a week.
Agreeing an extension resets your rights
If you agree an extension of time, you cannot appeal for non-determination until that extended deadline passes. Some councils request multiple extensions, and applicants keep agreeing - losing their appeal rights each time.
Practical takeaway: Think carefully before agreeing a second or third extension.
Non-determination appeals have their own deadlines
Once the LPA misses the statutory decision period, you can appeal - but the appeal deadline depends on the type of appeal (see the table above). Do not assume you have 6 months; householder and minor commercial appeals have significantly shorter windows.
Practical takeaway: Diarise the correct appeal deadline for your application type as soon as the determination period expires.
Costs are not automatic
Unlike some legal proceedings, costs in planning appeals are not routinely awarded. You can apply for costs if the other party has behaved "unreasonably" (for example, the council failed to provide evidence for a reason for refusal), but this is not guaranteed.
Practical takeaway: Budget for your appeal costs with no expectation of recovery.
Prior approval deadlines are different
Some permitted development rights require "prior approval" rather than full planning permission. Many prior-approval regimes use a 56-day determination period, but the exact period depends on the specific GPDO class and regime that applies. If the council does not respond within the relevant deadline, approval is deemed granted.
Practical takeaway: Know whether you are applying for planning permission or prior approval - the consequences of delay are completely different.
What to track
- Note the validation date - your clock starts there, not submission
- Diarise the deadline - 8 weeks, 13 weeks, or 16 weeks depending on application type
- Chase proactively - contact the planning officer at week 5-6
- Consider extensions carefully - one extension may be reasonable, multiple extensions suggest problems
- Know your appeal window - it varies by appeal type (see table above)
- Watch for enforcement - if a notice is served, your timeline compresses to 28 days
Need to calculate your planning deadline?
Use our calculator to work out the exact date your council's decision is due.
Calculate your deadline -> Open the calculator
Frequently Asked Questions
Q: How long does planning permission take? A: The statutory deadline is 8 weeks for most applications and 13 weeks for major developments. In practice, many councils take longer and will request extensions of time.
Q: What happens if the council misses the deadline? A: You can either agree an extension of time or appeal for non-determination. The council can continue to determine the application even after the deadline passes.
Q: How long do I have to appeal a planning refusal? A: It depends on the type of appeal. Most planning appeals have 6 months, but householder and minor commercial appeals have only 12 weeks, and advertisement consent appeals have 8 weeks. If an enforcement notice is involved, this shortens to 28 days.
Q: Should I appeal for non-determination or wait? A: It depends on your circumstances. If you expect the council to refuse, an appeal might be strategically sensible. If you expect approval but they are just slow, waiting (or agreeing an extension) may be the better path.
Conclusion
Councils miss statutory deadlines regularly. The real question is not whether yours will be late, but what you do when it is. Agreeing an extension preserves the relationship; appealing forces a decision. Neither is always right. But knowing your appeal window - and that it varies by appeal type - is the difference between having options and having none.
Sources & Further Reading:
- Gov.uk - Determining a planning application
- Gov.uk - Appeal a planning decision
- Planning Portal - When will I get a decision?
This guide is for informational purposes only and does not constitute legal or planning advice. Always verify deadlines independently and seek professional advice if unsure.
