Planning Appeals

Appealing a Planning Decision – Ask The Experts!

Planning Inspectorate Appeals

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 developed with the expertise of an experienced RTPI Consultant and with the assistance of a RIBA Chartered Architect where design matters are an issue.

We also draw on wider expertise involving Barristers, Highways Consultants, Ecologists, Sustainability Consultants, Arboriculturist; Landscape Architect and Visualisers where needed to support an appeal.

Resources:

Read all about specific Householder Planning Appeals.

Contact our Appeals team by completing the form or by using the details below:

appeals@plande.uk

0333 444 3433

Get a Quotation

CASE STUDIES

The following are a sample of interesting or challenging projects.

Planning Appeals

Retrospective siting of shipping container for storage (Green Belt)

Access track for stables within Green Belt (Appeal Success)

Appeal success for two storey side extension

Erection of a mansard roof extension to London terrace in a Conservation Area

Extension to Grade II Listed Building following refused planning consent

Raising of ridge line and dormer Loft Conversion in St. Albans

Appeal and subsequent approval, Substantial Remodelling and Extensions. Dorset

Single Storey Side Extension adj. to Grade 1 Listed Church

Two storey side house extension on corner plot following planning appeal refusal

Two storey side house extension on corner plot following appeal refusal

NPPF Paragraph 55 Dwelling House planning permission in open countryside

Self-build house on backland site

Change of Use from Annexe to Self-contained dwelling

Development of 6 houses outside of recognised settlement boundary

Backland residential development of a bungalow and two-family dwellings in North Wales

Approval for Extension to Flat, Conservation Area, Liverpool

Change of Use of Grade II Listed Church for A3 Use (restaurant & wine bar)

160-bed contemporary modular extension to existing Hotel (C1 Use Class)

agricultural-training-teaching-countryside-d1-use-class

Agricultural training/ teaching facility in open countryside

Challenge of planning refusal for a B2/ B8 Use Class Industrial building

Appeal Planning Refusal

The most common form of is against a local planning authority (LPA) when appealing planning refusal,

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.

Enforcement Appeals

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.

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.

Determining The Lawfulness of Existing or Proposed Development

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.

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.

Testimonial

“

We instructed Plande on a planning appeal when our retrospective planning application was refused. The service provided was professional and the appeal statement produced by Plande was very well thought out and well drafted. Despite there being only a small chance of success Plande beat the odds and the appeal was allowed, which we are very grateful for! Would recommend and use again.
Jonathan SmithThe Power of Plande - A Client's Perspective

Frequently Asked Questions About Planning Appeals

What is a planning appeal?

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.

Where is a planning appeal submitted To?

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)

When can you appeal a planning decision?

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.

Who can appeal planning decision?

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.

What are the different types of Planning Appeal?

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.

How are appeals dealt with?

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.

What is the planning appeal process?

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.

Does the Planning Inspectorate visit the site during a planning appeal?

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.

How much does a planning appeal cost?

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.

How long does a planning appeal take?

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.

Planning appeals success rate

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.

Can I appeal myself or should I use a professional to help?

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.

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”

“"We have been extremely happy with the service you provided. We feel, communication was honest and excellent at all times. We were kept up to date throughout the whole process.

Having previously used another company we definitely feel you offered a far more professional service for a far more reasonable price. We would reccomend you to anyone in our position, who is unsure how to go about an appeal.

We cant thank you enough for your help."”

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.

Get expert help

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.

GET IN TOUCH