A refused planning application can affect a property’s development potential, investment value and future use. Where a local planning authority has refused permission, imposed conditions that are considered unacceptable, or failed to determine an application within the relevant period, a planning appeal may be an option.
Planning appeals require more than simply disagreeing with a council’s decision. A successful appeal strategy should address the reasons for refusal, relevant planning policies, supporting evidence and the planning merits of the proposal.
Professional planning appeal consultants can help property owners, developers and businesses assess their position and prepare a properly structured appeal.
What Are Planning Appeal Consultants?
Planning appeal consultants provide specialist support to applicants challenging planning decisions.
Their role can include reviewing the planning application and decision notice, assessing the reasons for refusal, identifying relevant planning policies and preparing evidence to support an appeal.
For appeals in England, the Planning Inspectorate deals with planning appeals and determines the procedure that will apply. Appeals may be handled through written representations, hearings or inquiries.
Planning appeal support may therefore involve both planning expertise and an understanding of the procedural requirements governing the appeal.
When Can You Appeal a Planning Decision?
There are several circumstances in which an applicant may have a right to appeal.
Planning Permission Has Been Refused
If a local planning authority refuses an application for planning permission, the applicant may have a statutory right of appeal.
The appeal provides an opportunity for the proposal to be considered by an independent Planning Inspector rather than relying solely on the original local authority decision.
Planning Permission Has Been Granted With Conditions
An appeal may also be possible where permission has been granted but the applicant considers one or more planning conditions unacceptable.
The appropriate approach will depend on the nature of the condition and the relevant appeal provisions.
The Council Has Failed to Determine the Application
A planning appeal may also arise where the local planning authority has failed to determine an application within the applicable period.
This is known as non-determination.
The Planning Inspectorate’s current procedural guidance confirms that non-determination can provide a basis for appeal in qualifying circumstances.
Why Use Planning Appeal Consultants?
A planning appeal is an opportunity to present the planning case again, but it is not simply a second submission of the original application.
An appeal should respond directly to the issues identified by the local planning authority.
Professional assistance can help with:
- Reviewing the decision notice
- Analysing the reasons for refusal
- Reviewing relevant planning policies
- Assessing the planning history
- Identifying weaknesses in the original decision
- Preparing the appeal statement
- Coordinating supporting evidence
- Reviewing drawings and technical reports
- Preparing responses to the council’s case
- Managing appeal documentation and deadlines
The objective is to present a clear and evidence-based planning case.
How to Assess a Planning Refusal Before Appealing
Before submitting an appeal, it is important to understand why the application was refused.
Review the Reasons for Refusal
The decision notice should be examined carefully.
Reasons may relate to matters such as:
- Design
- Residential amenity
- Highway safety
- Parking
- Heritage
- Landscape
- Green Belt policy
- Flood risk
- Ecology
- Character of the area
- Loss of daylight or sunlight
- Scale, massing or visual impact
- Conflict with local or national planning policy
Each reason should be considered separately.
Review the Planning Policies
The relevant development plan policies and national planning guidance should be identified.
An appeal should explain why the proposal complies with relevant policies or why other material considerations support the development.
Examine the Evidence
Technical evidence can be particularly important where the refusal relates to specialist matters.
Depending on the development, this could include:
- Transport assessments
- Heritage assessments
- Ecological reports
- Flood risk assessments
- Daylight and sunlight assessments
- Design and access information
- Landscape assessments
- Viability evidence
The appropriate evidence will depend on the reasons for refusal.
Planning Appeal Statement
The appeal statement is a central part of the appeal process.
It should present the appellant’s case clearly and respond to the issues raised by the local planning authority.
A well-prepared statement may address:
The Background
The planning history and circumstances of the application.
The Proposal
The development proposed and its intended use.
The Reasons for Refusal
Each reason given by the local planning authority should be addressed.
Planning Policy
The relevant national and local planning policies should be identified and applied to the proposal.
Material Considerations
Other relevant considerations can be explained where they are material to the planning decision.
Overall Planning Balance
The appeal should bring the evidence together and explain the planning case for the proposal.
The Planning Inspectorate considers the material submitted with the original application alongside appeal documents, relevant legislation and planning policies and other relevant matters.
Planning Appeal Deadlines
Planning appeal deadlines are important and vary according to the type of appeal.
For example, current Planning Inspectorate guidance states that householder appeals generally have a 12-week deadline from the date on the decision notice, while many other planning appeals have different time limits.
Appeals connected with enforcement action can have significantly shorter deadlines.
This means that applicants should check the decision notice immediately rather than assuming that every planning appeal has the same deadline.
Missing the applicable deadline can affect the ability to appeal.
What Happens After a Planning Appeal Is Submitted?
Once an appeal has been submitted, the Planning Inspectorate checks whether it is valid and confirms the procedure and timetable.
There are three main procedures:
- Written representations
- Hearing
- Public inquiry
The Planning Inspectorate determines which procedure will apply. Most appeals are dealt with through written representations, although more complex cases may involve a hearing or inquiry.
Written Representations
The parties submit written evidence and representations for the Inspector to consider.
This is the procedure used for many planning appeals.
Hearing
A hearing provides a structured opportunity for the Inspector to discuss the relevant planning issues with the parties.
Public Inquiry
A public inquiry involves a more formal examination of the evidence and may be appropriate for complex or contentious cases.
The procedure selected can affect the evidence, preparation and professional support required.
Can New Information Be Submitted at Appeal?
An appeal should be carefully prepared before submission.
The Planning Inspectorate’s procedural guidance explains that appellants can provide information at appeal, but there are limits on introducing new material depending on the appeal procedure and circumstances. The appellant should therefore ensure that the appeal case is properly developed from the outset.
This is one reason why obtaining professional advice before submitting an appeal can be valuable.
Planning Appeal Consultants for Residential Development
Residential planning appeals can involve issues such as:
- Extensions
- New homes
- Replacement dwellings
- Flats and conversions
- Green Belt development
- Housing developments
- Change of use
- Residential outbuildings
- Development affecting neighbouring properties
The appeal strategy should respond to the particular planning issues affecting the proposal rather than relying on a generic argument.
Planning Appeals for Commercial and Mixed-Use Development
Commercial and mixed-use developments may involve more complex planning considerations.
These can include:
- Employment land
- Retail development
- Offices
- Restaurants
- Hotels
- Serviced accommodation
- Change of use
- Mixed-use schemes
- Industrial development
- Agricultural diversification
Depending on the proposal, specialist evidence may be required to address matters such as highways, economic benefits, heritage, noise, environmental impact and design.
Should You Appeal or Submit a New Planning Application?
An appeal is not always the only option following a planning refusal.
In some circumstances, amendments to the proposal may address the reasons for refusal, making a fresh planning application worth considering.
The Planning Inspectorate itself notes that where an applicant believes amendments could overcome the reasons for refusal, they should consider making a new planning application.
The appropriate route depends on:
- The reasons for refusal
- The extent of the changes required
- The planning history
- The strength of the existing application
- The applicable appeal deadline
- The likely planning strategy for the site
A planning consultant or solicitor can help assess these options before a decision is made.
Planning Appeal Consultants and Legal Support
Some planning appeals involve straightforward planning issues, while others raise more complex legal questions.
Legal advice may be particularly relevant where there are concerns about:
- The interpretation of planning legislation
- The application of planning policy
- Procedural matters
- Planning conditions
- Enforcement
- Listed buildings
- Heritage assets
- Judicial review following an appeal decision
Where legal and planning considerations overlap, obtaining advice from professionals experienced in planning matters can help ensure that the appropriate route is considered.
Planning Appeal Consultants at Charrette Law
Charrette Law provides specialist planning and legal support for property owners, developers and businesses dealing with planning decisions.
Our planning appeal services can include:
- Reviewing planning refusal decisions
- Assessing reasons for refusal
- Planning policy analysis
- Appeal strategy
- Planning appeal statements
- Planning Inspectorate submissions
- Evidence review
- Planning conditions
- Non-determination appeals
- Enforcement-related planning appeals
- Legal advice concerning planning decisions
Every planning appeal is different. The strength of an appeal depends on the planning circumstances, evidence, policy framework and specific reasons given by the local planning authority.
Contact Charrette Law to discuss your planning appeal and the professional support available for your case.
Frequently Asked Questions
What do planning appeal consultants do?
Planning appeal consultants help applicants assess and prepare appeals against planning decisions. Their work can include reviewing refusal reasons, analysing planning policies, preparing appeal statements and coordinating supporting evidence.
Can I appeal a refused planning application?
In qualifying circumstances, an applicant can appeal a refusal of planning permission to the Planning Inspectorate in England.
How long do I have to appeal a planning decision?
The deadline depends on the type of application and appeal. For example, the current guidance provides a 12-week period for many householder appeals, while other categories have different deadlines.
Can I appeal planning conditions?
An applicant may be able to appeal against certain planning conditions imposed by a local planning authority. The applicable appeal rights depend on the type of permission and condition.
What happens during a planning appeal?
The Planning Inspectorate validates the appeal and determines the appropriate procedure. The appeal may proceed through written representations, a hearing or an inquiry.
Should I appeal or submit a new planning application?
This depends on the reasons for refusal and whether amendments could address the council’s concerns. A new application may be appropriate where significant changes could overcome the refusal, while an appeal may be appropriate where the existing decision is considered capable of being challenged on its planning merits.
Can a planning consultant help with an appeal?
Yes. A planning consultant can assist with planning policy, evidence and the preparation of the planning case. Where legal issues arise, specialist legal advice may also be appropriate.
Planning Appeal Consultants UK
A planning refusal does not necessarily mark the end of a development proposal. Depending on the circumstances, an appeal or revised planning application may provide a route forward.
The key is to understand the reasons for refusal, assess the planning evidence and select the appropriate strategy before the relevant deadline expires.
Charrette Law Firm and Expert Planning Services in UK provides professional planning and legal support for clients dealing with planning appeals and development-related disputes.
Contact Charrette Law to discuss your planning appeal requirements.
