Understanding the Planning Appeal Process

Navigating the complexities of the planning appeal process can be daunting, especially for those unfamiliar with the intricacies of planning permission appeals. However, understanding the process is crucial for anyone looking to appeal a planning decision that didn't go their way.

A refused planning application doesn't need to be the end of your development dreams, and thousands of new homes are granted planning permission by appeal each year. At Cedar Planning, our chartered town planners offer expert planning advice for planning appeals.

This guide will break down the planning appeal procedure into easy-to-understand steps to help you effectively navigate your appeal.

What is a Planning Appeal?

A planning appeal is a legal process you can initiate when you're unhappy with a decision made by your local planning authority regarding your application for planning permission. Whether your application was refused or conditions were imposed that you find unacceptable, the planning appeal process provides a formal route to contest these decisions.

Why Appeal a Planning Decision?

The reasons for appealing a planning decision can vary. Perhaps the local authority did not properly assess your proposal, or maybe you feel the conditions imposed are unreasonable. Whatever the reason, an appeal allows you to challenge the decision through an independent body, ensuring your case is fairly reconsidered.

The Planning Appeal Process Explained

Understanding the planning appeal process is key to ensuring your appeal is both timely and effective. Here’s how the process unfolds.

Step 1: Decision Review

Before launching an appeal, it’s important to review the decision notice you received. The notice will outline the reasons for refusal or the conditions imposed. Understanding these reasons is critical as they form the basis of your appeal.

In some cases small changes can overcome the Councils concerns. This could be changing the design of the proposed development, or providing additional information such as a flood risk assessment or daylight and sunlight assessment.

Step 2: Grounds for Appeal

Next, you need to establish the grounds for your appeal. This involves identifying why you believe the decision was wrong and providing evidence or arguments to support your case. Common grounds for appeal include procedural errors, misinterpretation of policy, or failure to consider relevant factors.

Step 3: Submitting Your Appeal

Once you have a clear understanding of your grounds for appeal, you can formally submit your appeal to the Planning Inspectorate. This must be done within a specific timeframe—usually within 12 weeks of the decision for householder applications and within 6 months for other types of applications.

When submitting your appeal, you’ll need to provide:

• A completed appeal form

• A copy of the original planning application

• The decision notice

• Any supporting documents or evidence

A compelling Statement of Case, produced by Chartered Town Planners such as those at Cedar Planning, can help you secure positive outcomes through an appeal. Our statements include a thorough review of the planning history of the site, as well as the Council's reasons for refusing planning permission, and identifies why planning permission should be granted.

Step 4: The Appeal Procedure

After submitting your appeal, the Planning Inspectorate will assign an inspector to your case. The inspector will review all the submitted materials and may conduct a site visit to better understand the context of the application.

Types of Appeal Procedures

There are three main types of appeal procedures:

1. Written Representations: The most common and straightforward method. Both parties submit written evidence, and the inspector makes a decision based on these documents.

2. Hearings: A more informal process where both parties can present their case verbally in front of the inspector. It allows for a discussion of the issues in a more interactive setting.

3. Public Inquiries: The most formal and complex procedure, similar to a court hearing. This is generally reserved for larger or more contentious cases.

Step 5: The Inspector's Decision

After reviewing all evidence and conducting any necessary site visits, the inspector will make a decision. This decision will be communicated to you in writing and can either:

• Allow the appeal, thereby granting the planning permission or removing/amending conditions.

• Dismiss the appeal, meaning the original decision stands.

The inspector’s decision is final, although it may be challenged in court on legal grounds.

If your planning appeal is unsuccessful you may still have an opportunity to take your development forward. An Inspectors decision is a material consideration for any future planning applications, and within their Decision Letter they are likely to set out what elements of the proposal they are happy and unhappy with. For example, they may highlight that a proposed roof height of a replacement dwelling is too high when compared to neighbouring dwellings, but they were content with all other aspects of the proposal. In these circumstances, reducing the height of the proposed replacement dwelling may be enough to secure you that much coveted planning permission.

Tips for a Successful Planning Appeal

To increase the chances of a successful appeal, consider the following tips:

• Thorough Preparation: Ensure you understand the reasons for refusal and have clear grounds for your appeal.

• Professional Advice: Consider hiring a planning consultant or legal advisor to help prepare your case, such as our in-house experts at Cedar Planning.

• Timely Submission: Adhere strictly to deadlines to ensure your appeal is considered. The Planning Inspectorate do not take kindly to missing deadlines, and if you do not supply the right information by the relevant deadlines, don't be surprised to have the Planning Inspectorate refuse to consider your appeal.

Conclusion

The planning appeal process offers a valuable opportunity to challenge decisions you believe are incorrect or unfair. By understanding each step of the process and preparing thoroughly, you can present a strong case to the Planning Inspectorate. Remember, the key to success lies in careful preparation and understanding the nuances of the planning appeal procedure.

Whether you're a homeowner facing unexpected conditions or a developer seeking to overturn a refusal, being informed and proactive can make all the difference in achieving a favourable outcome.

Get a Free Quote

Our in-house Chartered Town Planners are well placed to give you the best chance of success at appeal.

The best way to get hold of us is by completing the form below with the relevant information about your planning refusal. One of our experienced planning consultants will then review the Council's reasons for refusing your application and advise if an appeal is a viable route for your development.

Or alternatively, send us an email at info@cedarplanning.co.uk with the relevant information.