When planning permission is refused, appealing the decision can provide an opportunity to challenge the local planning authority’s decision. However, property owners and developers often need to consider the potential cost of a planning appeal before deciding how to proceed.
In England, there is currently no fee for submitting a standard planning appeal to the Planning Inspectorate. However, an appeal can still involve professional fees and other expenses depending on the complexity of the case.
Understanding the potential costs can help applicants make an informed decision about whether to appeal, submit a revised planning application or obtain further planning advice.
Is There a Planning Appeal Fee in England
The Planning Inspectorate does not currently charge a fee for making a standard planning appeal in England. This applies to planning appeals and householder planning appeals made through the Planning Inspectorate.
This means that an applicant whose planning permission has been refused does not have to pay a government appeal fee simply to lodge the appeal.
However, this does not mean that a planning appeal is necessarily free.
The applicant may incur costs for professional advice, planning statements, legal work, specialist reports, drawings and other evidence required to present the case effectively.
What Does a Planning Appeal Cost
The overall cost of a planning appeal depends on several factors, including:
- The type and scale of development
- The reasons for planning refusal
- The complexity of the planning issues
- Whether specialist evidence is required
- The appeal procedure
- Whether legal advice is required
- Whether planning consultants are instructed
- Whether a hearing or inquiry is necessary
A straightforward householder appeal may require considerably less professional input than a complex residential, commercial or major development appeal.
There is therefore no single fixed price that applies to every planning appeal.
Professional Planning Appeal Costs
One of the main expenses associated with a planning appeal can be the cost of professional assistance.
A planning consultant or planning lawyer may assist with:
- Reviewing the decision notice
- Assessing the reasons for refusal
- Reviewing relevant planning policies
- Preparing grounds of appeal
- Preparing a planning statement
- Reviewing the planning history
- Assessing supporting evidence
- Preparing responses to the local planning authority
- Advising on appeal strategy
- Representing the appellant where appropriate
Professional fees will depend on the scope of work and complexity of the appeal.
Legal Costs for a Planning Appeal
Some planning appeals may require legal input, particularly where the case involves complicated planning law, interpretation of legislation, procedural issues or other property law matters.
A planning lawyer may review:
The Decision Notice
The reasons for refusal should be examined carefully to determine the issues that need to be addressed.
Planning Policies
The relevant national and local planning policies should be assessed against the proposed development.
Planning History
Previous applications, appeals and decisions relating to the site can sometimes be relevant to the appeal.
Legal and Procedural Issues
The appeal process has specific procedural requirements. Failure to comply with relevant requirements or deadlines can affect an appeal.
Legal advice can therefore form part of the overall cost of challenging a planning refusal.
Cost of Planning Consultants
Planning consultants can assist with the preparation of planning appeals and provide specialist planning evidence.
Their fees can vary significantly depending on the project.
For example, an appeal involving a relatively straightforward house extension may require a limited scope of work, while an appeal involving a larger residential development could require extensive planning analysis and supporting evidence.
The Planning Inspectorate does not prescribe the fees charged by private planning consultants or lawyers, so applicants should obtain a clear quotation setting out the proposed scope of work.
Specialist Reports and Evidence
Additional professional reports may be required depending on the reasons for refusal.
Potential costs can include specialist advice relating to:
- Highways
- Transport
- Ecology
- Biodiversity
- Flood risk
- Drainage
- Heritage
- Landscape
- Arboriculture
- Noise
- Environmental matters
- Architecture and design
For example, where highway safety is one of the reasons for refusal, specialist transport evidence may be relevant to the appeal.
Where heritage impact is central to the refusal, a heritage consultant may be required.
The need for specialist evidence can therefore increase the overall cost of a planning appeal.
Written Representations, Hearings and Public Inquiries
The procedure used for an appeal can also affect the amount of professional work required.
Planning appeals can be dealt with through written representations, hearings or public inquiries.
The Planning Inspectorate’s current guidance provides for different procedures depending on the circumstances of the appeal. Most appeals are dealt with through written procedures, while more complex cases may involve a hearing or public inquiry.
A hearing or public inquiry can require substantially more preparation than a straightforward written appeal because of the additional evidence, submissions and representation that may be involved.
Can You Recover Planning Appeal Costs
As a general principle, parties involved in planning appeals normally meet their own expenses.
However, costs can sometimes be awarded where one party has behaved unreasonably and this behaviour has caused another party to incur unnecessary or wasted expense.
An award of costs is not automatic simply because an appellant wins an appeal.
The Planning Inspectorate considers whether unreasonable behaviour has occurred and whether that behaviour directly caused unnecessary expense.
Planning Appeal Cost Compared With a New Application
After a planning refusal, an applicant may have a choice between appealing the decision and submitting a revised planning application.
The financial implications of both options should be considered.
A revised application may require:
- New drawings
- Revised design work
- Additional reports
- Planning application fees
- Professional planning advice
An appeal may involve:
- Planning consultant fees
- Legal fees
- Specialist evidence
- Preparation of appeal documents
- Representation at a hearing or inquiry where applicable
The appropriate route depends on the individual circumstances and the reasons for refusal.
Government guidance encourages applicants to consider whether changes to a proposal could overcome the reasons for refusal before proceeding with an appeal.
Planning Appeal Costs for Householder Applications
Householder planning appeals can include refusals relating to:
- Extensions
- Loft conversions
- Conservatories
- Outbuildings
- Garage conversions
- Alterations to residential properties
There is no Planning Inspectorate fee for a householder planning appeal.
However, applicants may still choose to obtain professional assistance with reviewing the refusal and preparing the appeal.
Householder appeals also have specific deadlines. Under the current rules, an appeal against refusal of a householder planning application generally needs to be received within 12 weeks of the date on the decision notice.
How to Keep Planning Appeal Costs Under Control
Planning appeal costs can be managed by establishing the scope of work before instructing professional advisers.
Useful steps include:
Review the Refusal Before Appealing
Understanding the reasons for refusal can help determine whether an appeal is appropriate.
Obtain a Clear Fee Proposal
Ask advisers to explain what their fee covers and whether additional work will be charged separately.
Identify the Evidence Required
Not every appeal requires multiple specialist reports. The evidence should be relevant to the reasons for refusal.
Consider a Revised Application
Where amendments could address the planning authority’s concerns, a revised application may be worth considering.
Act Within the Appeal Deadline
Missing the applicable deadline can prevent an applicant from pursuing the appeal through the normal process.
How Charrette Law Can Help With Planning Appeal Costs and Strategy
At Charrette Law, we assist property owners and developers with planning and property matters, including planning refusals and appeals.
Our advice can include:
- Reviewing planning refusal decisions
- Assessing potential appeal grounds
- Reviewing relevant planning policies
- Advising on appeal strategy
- Assessing whether a revised application may be appropriate
- Reviewing planning and legal documentation
- Assisting with planning appeal preparation
- Advising on relevant legal and procedural issues
The cost of professional assistance will depend on the nature and complexity of the matter. A clear scope of work can help clients understand the likely professional costs before proceeding.
Get Advice on Planning Appeal Costs
Although there is currently no fee for submitting a standard planning appeal to the Planning Inspectorate in England, applicants should consider the wider costs associated with preparing and presenting an appeal.
Professional planning, legal and specialist fees can vary considerably depending on the development and the complexity of the refusal.
Before proceeding, it is important to consider the reasons for refusal, the available evidence, the applicable deadline and whether an appeal or revised application is the more appropriate route.
Charrette Law provides legal and planning support for property owners and developers dealing with planning refusals, planning appeals and development matters. Contact Charrette Law to discuss your planning appeal and the costs and options relevant to your case.
Frequently Asked Questions About Planning Appeal Costs
Is there a fee to submit a planning appeal in England
There is currently no fee for submitting a standard planning appeal to the Planning Inspectorate in England.
How much does a planning appeal cost
There is no fixed overall cost because professional fees and other expenses vary according to the complexity of the appeal, the type of development, the evidence required and the appeal procedure.
Are planning lawyer fees included in the appeal fee
There is no Planning Inspectorate fee for a standard planning appeal. Legal or planning consultant fees are separate professional costs and are normally paid by the applicant.
Can I appeal a planning refusal without a solicitor
Yes. An applicant can make a planning appeal directly through the Planning Inspectorate. However, professional advice may be useful where the refusal involves complex planning policies, legal issues or substantial technical evidence.
Can I recover my legal costs if I win a planning appeal
Planning appeal parties normally meet their own expenses. Costs may be awarded in circumstances involving unreasonable behaviour that has caused unnecessary or wasted expense, but winning an appeal does not automatically result in recovery of legal or professional costs.
Is a planning appeal cheaper than submitting a new application
The costs depend on the circumstances. A revised application may require new planning fees, drawings and professional reports, while an appeal may require planning or legal assistance and specialist evidence. The appropriate option should be assessed based on the reasons for refusal and the changes required.
