What is a Planning Appeal? How to Overcome a Planning Refusal in 2024
Are you considering appealing a planning application refusal?
Receiving a refused planning decision can lead to frustration and disappointment - it can feel like your plans have been unfairly dashed. The planning appeals process however, can help provide another route to a successful planning permission.
In this article, I will answer some of the key questions you might have about planning appeals. I cover the different types of appeal, the documents required, and the potential costs involved. And I will provide some helpful tips and insights along the way, based on my years of experience in the field.
Table of Contents
Understanding the planning appeals process
Should I Withdraw My Planning Application?
Alternatives options to a planning appeal
What are the key planning appeal timescales to be aware of?
What are the 3 types of planning appeal?
The Documents Required for a Planning Appeal
Can You Make Any Changes to the Proposal Before Submitting an Appeal?
Cost Awards in Planning Appeals
Understanding the planning appeals process
When it comes to planning appeals, it's important to understand the process and the key players involved.
The Planning Inspectorate - One of the most significant key players is the Planning Inspectorate, a government agency responsible for making decisions on planning appeals. They have the power to overrule decisions made by local planning authorities, making them a crucial player in the appeals process.
Planning policies and case law - Planning policies and case law can also have a significant impact on the outcome of a planning appeal. Understanding how these factors can influence a decision is essential for anyone considering a planning appeal.
Should I Withdraw My Planning Application?
Sometimes, applicants may consider withdrawing their planning application before a refusal is refused. However, this may not always be the best option as:
Withdrawing an application can mean missing out on the opportunity to appeal a planning decision; and
Withdrawing an application will stop the council from issuing its officers report / committee report. This document will explain the reasons for refusal and any perceived issues that may need to be resolved.
It is important to understand the council's issues with a project and the reasons for refusal to be able to properly address them in an appeal or subsequent planning application. By doing so, applicants can increase their chances of success and ensure that their project is given the best possible chance of approval.
Withdrawing a planning application should therefore not be considered lightly, and only done so with full knowledge of the implications.
Alternatives options to a planning appeal
If you're facing a planning refusal, it's essential to understand that a planning appeal isn't the only option available to you.
There are various alternatives that you may want to consider, each with its own advantages and disadvantages. Let's explore some of these options in more detail.
Resubmitting your Planning Application
One option is to resubmit your planning application with new information, such as additional surveys, plans or reports, in an attempt to address the council's concerns.
However, it's essential to ensure that the resubmitted application is significantly different from the original application, or it may be deemed invalid.
It's worth noting that the resubmitted application will be subject to the same decision-making process, which means that you there is a chance of another refusal.
Mediation and Negotiation
Mediation and negotiation would involve discussing the project with the council to come to a mutually agreeable solution.
This can be a useful option for cases where there may be room for compromise, such as modifying the plans to address specific concerns.
While mediation and negotiation can be successful, there are no guarantees that it will result in the desired outcome.
Seek Expert Advice and Guidance
Working with an expert, such as a planning consultant, can be a valuable resource when considering alternatives to a planning appeal. They can provide guidance on the most appropriate course of action based on your specific situation and increase your chances of a successful outcome.
Experts can help you identify the strengths and weaknesses of your case and assist with the preparation of any necessary documents.
Each case is unique, and the most appropriate course of action will depend on the specific circumstances of your case. It's essential to consider the pros and cons of each option carefully and seek advice from experts before making a decision.
What are the key planning appeal timescales to be aware of?
If your application was refused, or granted with conditions, you can appeal for up to 6 months from the date on your local planning authority’s (LPA) decision letter.
The deadline for submitting an appeal for non-determination is six months from the date of the application decision should have been made.
With enforcement cases, you usually have 28 days from the serving of the notice in which to appeal.
Appeal decisions should be made within the following timescales:
Standard planning appeals considered via written representations take approximately 8 to 10 months before a decision is reached.
Standard planning appeals considered via a hearing take approximately 9 to 12 months before a decision is reached.
Standard planning appeals considered via an Inquiry take approximately 12 to 14 months before a decision is reached.
Householder planning appeals should take around 5 months.
What are the 3 types of planning appeal?
There are different types of planning appeals that can be used depending on the circumstances of a case. In this section, I will explain the types of planning appeals available, their advantages and disadvantages, and the situations in which they may be used.
1. Written Representations
Written representations are a common type of planning appeal that involves written submissions from the appellant, the local planning authority, and any third-party representatives.
This type of appeal is typically used when the issues involved in the case are straightforward and do not require a hearing or inquiry.
Advantages - Advantages of written representations include that they are relatively quick and inexpensive, and they allow for a more flexible approach to presenting evidence.
Disadvantages - However, the main disadvantage is that there is limited opportunity for dialogue or questioning, which can limit the appellant's ability to challenge the local authority's evidence.
2. Hearings
A hearing is a type of planning appeal that involves an informal public meeting chaired by a Planning Inspector appointed by the Planning Inspectorate.
The hearing provides an opportunity for the appellant and the local planning authority to present their evidence and arguments, and for the Inspector to ask questions and seek clarification.
Advantages - Advantages of hearings include that they allow for a more interactive approach, with the opportunity for questioning and dialogue, and they can be more effective in resolving complex issues.
Disadvantages - However, hearings can be more time-consuming and costly than written representations, and there is less flexibility in terms of presenting evidence.
3. Public Inquiries
Public Inquiries are the most formal type of planning appeal, involving a formal public meeting chaired by a planning inspector. Often legal representation would be required.
This type of appeal is typically used when the issues involved in the case are complex and require a more detailed examination of evidence.
Advantages - Advantages of public inquiries include that they provide the most comprehensive examination of evidence and issues, and there is a greater opportunity for public participation.
Disadvantages - Public inquiries are the most time-consuming type of appeal. They are also considerably more expensive than the other appeal types. There is also less flexibility in terms of presenting evidence compared to hearings and written representations.
The Documents Required for a Planning Appeal
If you've decided to appeal a planning decision, you will need to prepare several important documents. These documents are essential to ensuring that your case is presented effectively, and that you have the best chance of success.
In this section, we'll take a closer look at the key documents required for a planning appeal, and explain why it's essential to submit them correctly and on time.
Appeal Statement
The Appeal Statement, also known as the Grounds of Appeal, is the primary document used to outline your case.
It should be written in a clear and concise manner, and set out the reasons why you believe the original planning decision was incorrect.
Your Appeal Statement should be focused and avoid irrelevant information. You need to clearly demonstrate that there were errors in the original decision-making process, and provide a compelling case for why the decision should be overturned.
If you are appealing an Enforcement Notice, the Grounds of Appeal will set out a summary of the case against the notice. A more detailed Appeal Statement will follow and ned to be submitted at the appropriate time within the process.
Original Planning Application Documents
A planning appeal submission will need to include all the original planning application documents. These will typically include plans, drawings, and any other supporting documents that were submitted as part of your original planning application.
It will also include the council's decision notice and if appropriate, any relevant correspondence with them.
It is essential to ensure that these documents are complete and accurate, and that they are submitted in the correct format. Any errors or omissions could delay the validation of the appeal, and possibly result in missing the appeal deadlines.
Legal Agreement
In some cases it may be necessary to submit a legal agreement such as a Unilateral Undertaking or S106 agreement with the appeal submission.
Can You Make Any Changes to the Proposal Before Submitting an Appeal?
The Planning Inspectorate advice is that if an applicant thinks that amending their application will overcome the LPA’s reasons for refusal, they should normally make a new planning application.
However, there are circumstances where it may be more appropriate to provide amended plans as part of a planning appeal. Be mindful that any new information, not previously seen by a local planning authority, will only be received at the discretion of the Planning Inspector.
Cost Awards in Planning Appeals
A cost award is the financial compensation given to the successful party in a planning appeal when it has been demonstrated that the other party has acted unreasonably.
This award is intended to cover some or all of the expenses incurred during the appeals process, such as legal fees or planning consultant fees.
However, not all appeals result in cost awards, and the decision ultimately rests with the Planning Inspectorate.
Dismissed Planning Appeal - What are the Next Steps?
If a planning appeal has been dismissed, you may still have other options available, for example:
Revise the proposals and resubmit a planning application to the local planning authority to address any comments made by the Planning Inspector.
Take the case to the High Court, if it is felt that a planning appeal decision made by the Planning Inspector is legally incorrect. This process is costly and time-consuming and requires legal advice and representation.
Do you need expert guidance with your planning appeal?
Thank you for taking the time to read this article on planning appeals. We hope that it has provided you with valuable insights into the process and the different options available to you.
Planning appeals can be a complicated and lengthy process, but with the right expertise and knowledge, they can be successful.
We have successfully won many appeals across the country. Here are a selection of our planning appeal successes.
If you're considering a planning appeal, and would like expert advice, please contact us using the form below or via mail@adpltd.co.uk.
