If your planning permission has been refused, under planning law you have the right to a planning appeal against the council’s decision. We can guide you through the planning appeal process and provide professional advice.
Planning application appeals are dealt with by the Planning Inspectorate, an independent government body, and can result in a planning refusal being overturned and planning permission granted. The Planning Inspectorate is completely independent to your local Borough Council and has the power to disregard local planning policies if they do not agree that they are relevant in a particular planning application. On average, around 30% of planning appeals are successful and are granted planning permission.
How can I submit a planning appeal?
Most planning appeals are dealt with under the written representations procedure. This requires the person appealing against the planning refusal (the appellant) to submit an appeal statement that details the arguments against the council’s planning refusal reasons. This would most likely contain an analysis of relevant National, Regional and Local planning policies and an assessment of how they can be applied to support the grant of planning permission, as well as a description of any suitable planning appeal precedents, for example a building within the local area that has been granted planning consent for a similar proposal.
After submission of the written representations planning appeal, the Planning Inspectorate would generally take around 4 to 6 months to decide the appeal based on the information submitted in the appeal statement. The written representations planning appeal is recommended for the majority of schemes that do not have a high degree of complexity.
What are my options for a planning appeal?
There are two other planning appeal options. The first is the Hearing procedure. This is an informal meeting involving the applicant, the planning consultant, the council and the planning inspector. Members of the public are also allowed to comment if they have made an objection to the planning application. The planning inspector will then have the ability to grant planning permission if he or she is convinced by the case for planning permission. The final option for planning appeals is a Public Inquiry. This is a formal court hearing involving the planning consultant, council and planning inspector. Third party experts providing evidence can also be part of a Public Inquiry. Both of these planning appeal options are best suited for large, complex cases and can often incur very high costs to the appellant.
Use our expereince to build a strong case
Our team at Ideal Planning & Design is able to prepare and submit a planning appeal that specifically deals with the salient points of your refused planning permission. Our experience enables us to pick up any weaknesses within the council’s planning refusal notice and counter them with a strong, professionally prepared planning argument.