Appealing a Planning Decision – Ask The Experts!
Plande understands the planning appeals process 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.
Contact our Appeals team by completing the form or by using the details below:
A householder planning appeal is made against the local planning authority’s decision to refuse planning permission. This is usually for small projects such as house extensions, alterations, loft conversions, dormer windows, garages and outbuildings to single dwellings and private homes. The appeal is quicker & simpler process than a full appeal and there is a dedicated householder appeal service to handle it.
Note:
Householder planning appeals must be submitted within 12 weeks from the date of the planning decision.
80% of householder appeals are targeted to be determined within 8 weeks. However in recent times these times have been stretched.
There is no third party right to comment on the appeal (i.e. Neighbours).
Tips For a Successful Householder Planning Appeal:
A statement of case should address the planning merits and set out clearly and concisely, in planning terms, why an appeal should be allowed.
Consider and justify how the proposals comply with local or national policies
Include house extension supplementary planning guidelines. These can improve the chances of a householder planning appeal being allowed.
Appeals are notoriously tricky, so appointing an experienced and qualified planning expert like Plande improves your chances of success. It’s not simply a case of filling in a form.
The most common form of is against a local planning authority (LPA) when appealing 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.
We are able to undertake appeals to challenge planning enforcement notices. Please contact us for assistance. The timeframes for such an appeal is much quicker than normal planning appeals so prompt attention is vital.
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.
We are able to undertake Certificate of Lawful Development planning appeals to determine whether proposed works are Permitted Development or that existing works were lawfully carried out.
Please contact us more information.
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.
A planning appeal is the challenge of a decision of a Local Planning Authority. It can also be where a Council fails to decide an application.
The most common types of planning appeal are to challenge a refusal of planning permission for full or a householder application. Challenges can also be made to conditions added to an approval, enforcement appeals, listed building consent appeals and advertisement appeals.
Planning Appeals are submitted to the relevant Government organisation which are independent of the local Council. This is different for each country in the UK:
England – The Planning Inspectorate which is based in Bristol
Wales, The Planning and Environment Decisions Wales (PEDW) which is based in Cardiff
Scotland, the Scottish Government Directorate for Planning and Environmental Appeals (DPEA), based in Edinburgh
Northern Ireland, the Planning Appeals Commission (PAC)
An appeal against a planning decision needs to be submitted within 6 months of a full planning application refusal or 12 weeks from the determination of a householder application. You can appeal a planning decision once the decision has been made or after a specified period if the Council fails to make a decision. The rules are different for advertisement applications and enforcement so appropriate advice should be sought in each case.
Only the original applicant or someone acting on their behalf can appeal a planning decision. There is currently no third-party right of appeal, although in certain circumstances third parties can comment.
The most common type is against the refusal of planning permission (including for householder planning applications). Other types of planning appeals include lawful development certificate appeals, enforcement appeals, and listed building appeal.
Written Representations, Hearings and Local Inquiries. Most planning appeals are submitted to the Planning Inspectorate via written representation and involve the appellant (the person making the appeal) and the Local Planning Authority (e.g. the Council) writing statements and providing justification for their position. The Inspector reviews these as part of the appeal decision procedure.
Firstly the applicant who is appealing (the appellant) challenges the decision or failure to make a decision, of the Council.
A statement, a ‘Grounds of Appeal Statement’ or ‘Statement of Case’, setting out the planning arguments and justification is developed and submitted to the Planning Inspectorate along with supporting information and forms. Copies of the appeal are also sent to the relevant Local Planning Authority.
The Planning Inspectorate will then allocate a Planning Inspector who will consider the appeal, including the documents. They may undertake a site visit to view understand the context.
A formal decision will be issued confirming whether the appeal is allowed or dismissed. It will provide comments, justifications, and reasons.
The above planning appeal process differs for householder appeals, hearings, and inquiries.
Usually the Planning Inspectorate will make a site visit. This gives them an opportunity to see the physical attributes of the site. It is not an opportunity for arguments or the merits of the case to be discussed by the appellant. They will normally visit on their own, however access may need to be granted by the appellant and in such instances, a representative from the Council may also be present.
There is no cost for making a householder or planning appeal. Enforcement appeals can attract a fee. However appointing a planning consultant to submit and prepare a planning appeal will attract a fee. This can be beneficial to ensure the correct process is followed and to develop a robust high-quality planning justification to try and overcome the reasons for refusal.
Planning Appeal Timescales (Subject to variation)
Written representation appeals are normally dealt with within around 30 – 35 weeks.
Householder appeals are normally dealt with within 18 – 22 weeks.
These times are average and each planning appeal is subject to the individual Planning Inspectors’ timetable. The times also differ for enforcement, advertisement, and lawful development certificate appeals. More here.
You might ask ‘Is it worth me submitting a planning appeal?’
Yes, it might just be the final hurdle which is needed to get the application over the line. Deciding to appeal against a planning decision should be carefully considered and be the last resort when all other options have been explored and exhausted. However, more appeals are successful than you may imagine. Thousands of planning appeals are allowed every year, proving that the local planning departments are not always right! The percentage of planning appeal success varies between local authorities, proving that planning departments are not always interpreting planning policies consistently.
Rather than appeal, the amendment or resubmission of a planning application could help to address the Council’s concerns, particularly where a small detail or issue has prevented approval. For example, amending a design so that it is more in keeping with the character of the area could be best achieved via negotiation and discussion with the Planning Officer rather than via a planning appeal.
Planning appeals can be useful to determine which aspects of a proposal are acceptable even if the whole appeal is not successful.
Your chances of success are improved when using a professional to submit your appeal.
A professional can mean the difference between success or failure when it comes to planning appeals. A planning consultancy will have access to local and national planning appeal decisions. This allows their appeals to be evidence-based, relying on legal precedents and points of law. This improves the chances that the relevant Inspectorate will accept the appeal.
Plande has an expert, highly experienced in-house team with wide-ranging specialist external support where specific assistance is required. We offer an efficient and prompt planning appeal service, while reducing your costs and increasing your chances of success. These reduced costs are achieved by leveraging our substantial experience in achieving appeal success and keeping costs low. Our appeals are submitted electronically, with draft submissions, including Grounds of Appeal statements, sent to you for your approval before submission.
The following are a sample of interesting or challenging projects.
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.
Whether you need an expert on your team to secure permission for a major mixed-use scheme or a unique self-build home, our fresh planning insights will help you achieve your goal.
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