How long does a council take to decide a Section 61 application?

The 28 days

The Act gives the council twenty-eight days “from receipt of the application” (section 61(6)). The time starts when the council receives the application, not when you send it.

If the council gives its consent, it may, if it thinks fit, publish notice of the consent and of the works it covers, in whatever way it thinks appropriate (section 61(6)).

If the council has not consented in 28 days

If the council does not give a consent within the 28 days, you may appeal to a magistrates' court (in Scotland, the sheriff). You have 21 days from the end of the 28-day period to do it (section 61(7)).

Section 61 does not treat a missing reply as a consent. The Act gives you the appeal instead (section 61(7)).

Section 61(7)(a) covers the case where the council “does not give a consent within the said period of twenty-eight days”. Read plainly, a refusal falls within those words too (section 61(7)(a)).

If the council consents with conditions

A council can attach conditions to a consent, limit or qualify it to allow for a change in circumstances, and limit how long it lasts (section 61(5)).

If it gives its consent within the 28 days but attaches a condition, or limits or qualifies the consent in any way, you may appeal to a magistrates' court (in Scotland, the sheriff) within 21 days from the end of the 28-day period (section 61(7)). The 21 days are counted from the end of the 28 days, not from the date of the council's decision.

How far ahead to apply

Section 61 sets the 28 days for the council's decision. It does not set a date by which you must apply (section 61(6)).

Councils may publish their own guidance on how much notice they want. That is not in the Act, so it can differ from one council to the next. Check your council's.

Apply early enough to allow for the 28 days, any questions the council asks, and an appeal if you need one.

Related guides

• How do you apply for Section 61 consent?
• Do you need Section 61 consent for construction works?
• Section 60 notice or Section 61 consent: what is the difference?

Start an application

The Section 61 platform prepares an application and the evidence behind it. You check it and send it to your council yourself. Start an application.

Sources

• Control of Pollution Act 1974, section 61: Prior consent for work on construction sites
• Control of Pollution Act 1974, section 106: General application to ScotlandSubsection (6): in Scotland, a reference to a magistrates' court is a reference to the sheriff.

The legislation cited was read on legislation.gov.uk on 26 October 2026.