Planning Appeals

Appealing a Planning Decision – Ask The Experts!

Have you had your application refused?

Plande works on a variety of planning appeals and this page will give a brief insight into the main types.

Plande has wide-ranging expertise in the planning inspectorate appeals and drafting grounds of appeal statements.

Our statements are prepared by experienced RTPI Consultants with the assistance of a RIBA Chartered Architect where design matters are an issue.

Our wider expertise involves Barristers, Highways Consultants, Ecologists, Sustainability Consultants, Arboriculturist; Landscape Architect and Visualisers where needed to support an appeal.

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Householder Planning Appeals

The householder planning appeal service is specifically for works to private homes. There is no third party right to comment on the appeal (i.e. Neighbours).

These appeals are required to be made within 12 weeks of planning application refusal. 80% of householder appeals are targeted to be determined within 8 weeks

Appeal Planning Refusal

The most common form of planning appeal is against a local planning authority (LPA) refusing planning permission.

A planning refusal can be for numerous reasons, but the Council must state them and give planning policy justification accordingly. Along with several other elements the reasons are critical. They are the starting point in developing the grounds of appeal statement required to be submitted.

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Appeals Against Planning Approval Subject to Conditions

Ensuring that every planning approval has appropriate and reasonable conditions is essential. If your planning application has been approved with conditions, you have the right to submit an appeal to the relevant Planning Inspectorate.

They will then review and amend accordingly. This is not necessarily the best way to amend or remove planning conditions.

Lawful Development Certificate Planning Appeals

We are able to undertake Certificate of Lawful Development Certificate planning appeals to determine whether proposed works are Permitted Development or that existing works were lawfully carried out.

Please contact us more information.

Appeals Against Non-Determination

If your application has not been determined within the statutory time periods (8 weeks for minor applications and 13 weeks for major applications), you have a right to submit an appeal to the relevant Planning Inspectorate, requesting that they decide the application.

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What our clients say...

I first came across your company via the internet. I was very happy with the speed of service and getting the case together before submitting for my appeal.

I found that the contents of the statement to be very compelling and had substance. I was also pleased that you included examples of other schemes that the council approved of before you submitted the statement. I was also pleased that you asked me if I wanted to make any amendments before finally submitting.

I was happy with your fee and found this to be very competitive.

I would recommend your services to others who may benefit from what you offer.

Grounds of appeal statement’ is excellent, you have obviously done a lot of research.
I want to thank you very much for all the effort and hard work you put into it, all the research carried out and the very comprehensive appeal documents you submitted.

A very thorough job.

We feel that the service we received from you was outstanding. Very professional and structured.

Communication was always quick and responsive.

A very helpful service, with the fastest possible turnaround and at the best price quoted- I’ll use again!

An excellent service handled with supreme attention to detail leading to a positive outcome.
Nothing to be improved upon – service was excellent and friendly throughout, from initial consultation to planning approval. thank you.

We would not hesitate to recommend you to other prospective clients. It was always easy to contact you and you kept us informed of progress. Everything was handled efficiently and professionally

Frequently Asked Questions About Planning Appeals

Why appeal?

Applications are often incorrectly refused for many reasons. Whether from overturning a planning officer’s recommendation, misinterpretation of planning policy or decisions overly swayed by strong objections.

Other reasons why an appeal is useful is to determine whether parts of the proposals are acceptable (such as the principle) or when applications are approved with onerous conditions, or ones which the applicant does not feel are appropriate.

More appeals are successful than you may imagine – over 8,000 planning appeals were successfully allowed over the last two years (statistics provided by the Planning Inspectorate) proving that the local planning departments are not always right.

Should I appeal?

Planning appeals are useful to specifically determine which aspects are acceptable even if the whole appeal isn’t successful.

For example, if an application is refused for several different reasons, the Planning Inspectorate will consider each reason and comment accordingly.

This can be very useful in determining whether the principle is acceptable before further expense is incurred on additional consultants or reports.

What are my chances of success?

Your chances are greatly improved when using a professional to submit your planning appeal.

As part of our initial review process, we undertake research into the refusal reasons including planning policies. We will investigate whether there are any merits in amending the proposals to facilitate planning approval either by resubmission or by appeal.

Over 8,000 planning appeals (not including enforcement, advertisement appeal etc) were successfully allowed over the last two years (statistics provided by the Planning Inspectorate). These figures do not include all the appeals that have confirmed some parts of the proposals were satisfactory (the principle/ the use etc) even if the whole appeal wasn’t allowed. These figures are significantly and proportionally reduced due to the significant reduction in the number of appeals submitted in the last two years compared to previous years (for example there were almost twice as many appeals submitted in the year 2008/ 2009 as 2010/2011).

The % of planning appeals allowed also varies greatly between different local authorities, proving that planning departments are not always interpreting planning policies consistently again illustrating the benefit of using a national company to undertake your appeal.

Recent Statistics released by the Planning Inspectorate show an 9% increase in successful planning appeals in the last 3 months. For new build houses the figure is 16% higher over the last 3 months (to Dec 2011)

Why choose Plande for your appeal?

We have access to over 156,000 nationwide planning appeal decisions. This allows our appeals to be evidence-based relying on legal precedents and points of law.

This greatly improves the chances that the relevant Inspectorate will accept the appeal.

We have an expert, highly experienced in-house team with wide-ranging specialist external support where specific assistance is required.

When can an appeal be made?

A planning appeal can be made to the Inspectorate in one of the following circumstances:

  • If no decision is made within the statutory (8 – 13 week) period – appeal against non-determination
  • If an application is refused (whether a planning application, retrospective or enforcement)
  • If planning approval is granted subject to conditions which are onerous or inappropriate

Why should we use you rather than our local architect or surveyor?

Planning appeals are a highly specialist area incorporating many different aspects.

These include planning and case law. Our specialist team work on all types of appeals across the whole of England, Scotland and Wales. Our breadth of experience and independence from local political influences provides a unique and cost-effective service.

The % of planning appeals allowed varies greatly between different local authorities, proving that planning departments are not always interpreting planning policies consistently. Also the local company has to continue working with the planning departments on all of their schemes and as such may not want to push them or challenge them too hard. This illustrates the benefit of not using a local company who are used to liaising and negotiating with their local planning department.

We are more than happy to work with your existing team and often this provides a strong team to ensure the best chance of success.

What are the deadlines for submitting an appeal?

An appeal must be submitted to the relevant Inspectorate within 6 months of the refusal date for most applications or within 12 weeks for a householder appeal.

The rules are different for advertisement applications and enforcement action so appropriate advice should be sought in each case.

How long does a planning appeal take?

Written representation appeals are normally dealt with within 22 weeks (the target is 26 weeks).

Householder appeals are normally dealt with within 7 weeks (the target is 8 weeks).

These times are average and each planning appeal is subject to the individual Planning Inspectors timetable. The times also differ for other types of appeal such as enforcement appeals, advertisement appeals and lawful development certificate appeals.

Please contact us for more detailed information.

Is an appeal the best chance of obtaining planning?

Generally Yes, especially when local politics come into play.

It is an opportunity to overturn planning decisions where previous refusals have had an undue effect on your application. Especially if previous refusals have not been the subject to an appeal.

Often we recommend that resubmission is the best way of obtaining planning where a small detail or issue has prevented approval.

If this is the case, we will assist with the resubmission, either as a standalone service (we have our own in-house RIBA Architects etc) or with your existing design team.

This route does not preclude a subsequent appeal on the refused application which therefore keeps your options open as much as possible.

Who determines planning appeals?

  • In England – the Planning Inspectorate is based in Bristol
  • In Wales – the Planning Inspectorate is based in Cardiff (please note we are able to submit appeals and statements etc in Welsh if required)
  • In Scotland – Scottish Government Directorate for Planning and Environmental Appeals, based in Edinburgh

Do the Planning Inspectorate visit the site?

An appeal usually requires a site visit from the Planning Inspectorate where someone from the applicant side needs to be present.

The site visit is simply an opportunity for the inspector to see the physical attributes of the site. It is not an opportunity for arguments or the merits of the case to be discussed.

The visit usually takes a few minutes so there is no real benefit paying for a planning expert to be present. We can, of course, accompany these visits if specifically required.

A  visit is not usually not required by us though. As with applications, there are many ways to determine the layout of a particular site.

What types of appeal can Plande undertake?

We deal with written representation and householder planning appeals, submitted to the Planning Inspectorate.

What are the benefits of using Plande?

We help to create an efficient and prompt service while reducing your costs.

These reduced costs are achieved by reducing our overheads and relying primarily on electronic communication.

All of our appeals are submitted electronically with draft submissions emailed to you for approval prior to submission.

Disclaimer: This page provides an introduction only and is not a definitive statement of the law and should therefore not be relied upon. The information above relates to England only. Policies across the rest of the UK may differ. Contact your Local Planning Authority for advice and confirmation before any works are carried out. All images used are for illustrative purposes only. Read the full disclaimer here.

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