Appealing a Planning Permission Decision

You’ve submitted your application for planning permission and received back either a rejection, or an approval with specific conditions.  Either way you have a right to disagree with the decision made.  Making an appeal will prolong the process. If you have been granted permission with specific conditions you should take this into consideration as to whether it is worth pursuing due to the potential delay.  However, if you have been refused planning permission it may be your only option.  This article is aimed at making an appeal as a homeowners, however any planning decision can be appealed. Depending on what you are appealing the process might be slightly longer or more complex, but still doable.

Why Appeal

When considering an appeal, you need to understand exactly why your application was either rejected or conditioned.  Once you understand these reasons you need to have sound arguments as to why you are appealing.  It is no good just appealing because you don’t like the decision of the Council you need to put forward a compelling case as to why they got it wrong otherwise your appeal is likely to fail.

How to appeal

A planning appeal is free to make.  Only the named person who made the planning application can make an appeal.  Ahouseholder appeal must be submitted within 12 weeks of receiving the decision notice.  However, if you have received an enforcement notice, an appeal must be made within 28 days.  You can make an appeal online. This might mean amending your original application or challenging your local councils’ decision.  It is always a good idea if you wish to appeal to contact your local planning office to speak to someone who may be able to shed more light on the reasons for your applications decision.  This might put you in a more informed position for your appeal submission.

Appeal Process 

The process has 4 stages:

• Receipt to Validation

Once you have submitted your application it will go to the Planning Inspectorate.  At this stage your application will either be deemed valid or invalid.  This stage will take up to 2 weeks.  Provided all the correct documentation has been submitted and your appeal is valid it will move to the next stage.

• Validation to Start 

At this stage a suitable Inspector will be assigned to your appeal to make the final decision.  The timeframe for this stage will depend on the type of appeal and procedure type.

• Start of Event

You will receive notification of who your appointed Inspector is and will receive a timetable for the appeal.  Within this it will detail deadlines for submission of representations and supporting documents.  Event to Decision

This is the final stage where the decision is made regarding your appeal. You will then be notified whether you application has been successful or not.

Help with Appealing

With 1 in 3 appeals successful that gives you 33.3% chance of succeeding with your appeal.  Although an appeal is free, you only get one chance. Already having had your application rejected or restricted by conditions puts you on the back foot.  Working with a professional on your appeal gives you the best chance  to ensure you submit a strong appeal.  With all planning refusals and restrictions specific to each application advice and guidance is very tailored.   A professional can submit your appeal on your behalf or simply provide expert advice for you to make the appeal yourself. The input of a Professional Planning Consultant will significantly enhance your chances of a successful appeal.

Appeal Case Study

As Planning Consultants, we deal with many clients wishing to appeal planning decision.  Click here to read one of our client Appeal Case studies.