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Section 62A is a direct application route, not an appeal

Section 62A lets some major planning applications go directly to the Secretary of State through the Planning Inspectorate. It does not turn a council refusal into an appeal, and householder applications cannot use the route.

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Rules for You editorial team
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England

AI-assisted. AI helped organise the official source material and draft this article. The cited sources were checked on and are linked so you can check the claims. How we report planning news.

What to know

  • As checked on 3 September 2026, ten English local planning authorities were listed as currently designated for Section 62A applications, all in respect of major development. [1]

  • Section 62A is an optional route for submitting an eligible new application to the Secretary of State through the Planning Inspectorate. It is not an appeal against an existing council refusal. [2]

  • Householder and retrospective applications are excluded. So are applications to vary or remove conditions, approve details reserved by condition, obtain advertisement consent or obtain a lawful development certificate. [1] [2]

What the August update recorded

The Planning Inspectorate updated its Section 62A publication on 13 August to add Hertsmere Borough Council under applications submitted. The change history does not record a new procedure on that date. [3]

The current major-application list names Cherwell, Dacorum, Epping Forest, Hertsmere, Lewes, Malvern Hills, Rossendale, South Tyneside, Staffordshire Moorlands and Wychavon. Designations can later be removed or added, so the live list matters more than an older article or application record. [1]

Section 62A starts a new application

Where a relevant designation is in force, an eligible applicant can choose between submitting the application to the local planning authority or making it directly to the Secretary of State. The Planning Inspectorate handles a direct application on the Secretary of State's behalf. [1] [2]

That process begins a new application. It does not transfer a refused council application to the Inspectorate and does not replace the planning-appeal route. After a refusal, the first useful distinction is therefore between challenging that decision and preparing another application. [2]

Most householder proposals are outside the route

Every authority currently listed is designated for major applications. The overview defines major housing development as 10 or more homes, or a site of at least 0.5 hectares when the number is unknown. Other thresholds include at least 1,000 square metres of new floorspace or a site of at least 1 hectare. [1] [2]

Householder applications are expressly excluded even if the authority is designated. The same exclusion list covers retrospective applications, applications to vary or remove conditions, approval of details reserved by condition, advertisement consent and lawful development certificates. [1] [2]

Approval of details reserved by condition is different from a reserved-matters application. A reserved-matters application may use the direct route where the related outline application fell within the category covered by the authority's designation. [2]

Check eligibility on the submission date

Eligibility depends on three current facts: the site is inside the designated authority, the designation remains in force, and the application falls within the category for which the authority is designated. A previous designation or a Section 62A case nearby does not settle those points. [2]

The Inspectorate asks applicants to give at least 10 working days' notice before submitting. A valid application must meet national requirements and the designated authority's local validation list, so using the direct route does not remove the local information requirements. [2]

The application needs to be ready when submitted

The procedural guide says the Inspectorate will determine the application as submitted. It expects the proposal to be ready for determination and says amendments or additional information are not normally accepted after submission, except in exceptional circumstances. [2]

The local planning authority still has a role. It provides site, policy and constraint information, carries out relevant notification and responds as a consultee, while the Inspectorate manages consultation and determination. [2]

A Section 62A decision has no ordinary appeal

The guide says there is no ordinary right of appeal against a Section 62A decision or against conditions imposed through that decision. It identifies an application to the High Court under section 288 as the route to challenge the decision and gives a six-week deadline from the decision date. [2]

That is a legal challenge, not a planning appeal. Making a fresh planning application is legally different from challenging the Section 62A decision. Anyone facing that position should check the current official guide and obtain appropriate legal advice promptly rather than relying on a general article. [2]

Separate the possible routes after refusal

For a refused proposal, label each possible next route accurately: an appeal challenges the refusal, while a resubmission or Section 62A submission is a new application. The sources do not establish which route is appropriate for an individual case, and a designation does not show that a particular refusal was wrong. [1] [2] Research planning appeal decisions

Official sources

  1. Planning Applications (s62A)

    Planning Inspectorate. Current designations for major applications; What type of application can be made; update history. Published . Updated . Checked . Open Government Licence v3.0.

  2. Procedural guidance for Section 62A Authorities in Special Measures

    Planning Inspectorate. Sections 1.1, 3.1 to 3.4, 4.1 to 4.4, 6.1 to 6.2 and Appendix 2. Updated . Checked . Open Government Licence v3.0.

  3. Planning Applications Process: Section 62A Authorities in Special Measures

    Planning Inspectorate. Applications submitted and update dated 13 August 2026. Published . Updated . Checked . Open Government Licence v3.0.

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