Planning Appeal

What is a Planning Appeal?

If a planning application is refused, the decision may be taken to make a planning appeal. The alternative to making an appeal is to make alterations to the proposed development and submit a new planning application. A planning consultant is best placed to advise on whether a refused planning application should be altered and resubmitted or whether a planning appeal should be sought.

The planning appeal process requires the planning consultant to communicate with the local planning authority and other relevant officials, attend the publicly held inquiries and to correspondence with the relevant individuals. A decision notice from the local planning authority will often confirm the rights in relation to a planning appeal and associated time constraints.

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What are the different types of Planning Appeal?

There are numerous different types of planning appeals and the planning appeal will largely depend upon which planning application was made. The most common type of appeal is a planning appeal and this typically relates to where planning permission has be refused in its totality, however an appeal can be made against any of the conditions which may have been imposed as part of the planning permission. In addition a planning appeal may be sought when the local planning authority has not met the specified timescales in relation to determining the planning application.

A planning consultant is best placed to assist with taking you through the planning appeal process, as there are requirements in terms of information, processes and timescales.

It is possible to make appeal in relation to many other different types of planning applications, including:

Planning Appeal;
Householder planning appeals;
Enforcement appeals;
Listed building appeals;
Lawful development certificate appeals;
Tree preservation order appeals;
High hedges appeals.

There are a number of other less common types of planning appeal:

Countryside, access and rights of way;
Highways and transport;
“Called-in” planning applications;
Section 106BC and Section 106B appeals;
Community Infrastructure Levy (CIL);
Purchase notices;
Crossrail.

What is the process of a planning appeal?

Dependent upon the type of planning appeal, the timeline and process can differ. All the relevant information can be found on the planning portal website and your planning consultant will be aware and advise accordingly.

For the most common type of appeal, a planning appeal the Planning Inspectorate needs to be in receipt of the appeal within six months of the decision date. If not submitted within this timescale, the applying party will lose their right to appeal.

The requirements and details of the planning appeal process are detailed on the GOV.UK website. For a planning appeal there are numerous procedures available, although the majority of these are dealt with using written representation. There are options for having an informal hearing, or alternatively having an inquiry, which is more commonly used for complex planning applications.

The planning appeal process will involve a number of other parties including the local planning authority, individuals who have an interest in the development/application including the neighbours and local planning groups. All of these separate parties can provide written comment in relation to the appeal.

Once all the relevant information is gathered and comments received the planning inspector will review and consider all the evidence and visit the site. If the planning appeal process is via a hearing or inquiry then all attending parties will discuss. The final decision is provided in writing.

As stated above the planning appeal process does differ for the various different types of appeals and therefore it is important to engage with a planning consultant.

How much does a planning appeal cost, how long does it take and how likely am I to be successful?

Typically, a planning appeal will take circa 27-44 weeks, although they can take much longer and even up to a year. The timeframe will depend of the type of appeal and the complexity of the issues and development. Again, a planning consultant should be able to advise on likely timescales.

Planning appeals are free, although as the planning appeal process will likely delay the development and require changes to the design/scheme it is likely to result in additional consultant costs and other costs associated with delaying a project.

Planning inspectorate data suggest that around one in three planning appeals are successful. Therefore it is worth considering whether appealing a planning decision is the most suitable way of progressing, as opposed to revised the scheme and submitting and new planning application.