Appealing a planning refusal
When a Local Planning Authority refuses planning permission for a development proposal, it is often possible to appeal that refusal to the Secretary of State, via the offices of the Planning Inspectorate.
This doesn’t mean that the planning appeal consultants, who remain independent, believes that the council have been malicious in their decision. Most planning decisions are an issue of balancing various planning interests; the interests of the developer and the interests of the existing local residents, as well as the interests of good planning and design, and wider societal interest.
Our planning appeal consultants can work with you and others in your team to successfully appeal a planning permission refusal.
Our planning appeal consultants take care of everything, from instruction we begin to work on preparing an appeal statement to evidence why the planning application should be approved, robustly challenging the opinion of the council.
If the local planning authority (LPA) refuses your planning application, it can seem like a lot of time and money wasted—and a dead-end for your project. But while most planning applicants walk away at this point, our planning appeal consultants can show you why shouldn’t necessarily be one of them.
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FAQs
Who deals with planning appeals?
Planning appeals, once processed by a local planning authority (LPA) are most often referred to the Planning Inspectorate. Applicants may proceed with a refusal by appealing to the Secretary of State via the Inspectorate, which manages planning appeals, national infrastructure planning applications, and specialist planning related casework within the borders of England and Wales.
Norton Taylor Nunn’s planning appeal consultants are able to take care of all aspects of an appeal, from the preparation of an appeal statement evidencing strong reasons for approval, to robustly challenging the opinion of the council in writing or consultation.
What percentage of planning appeals are successful?
The records of the Planning Inspectorate (the board responsible for appeal applications) indicate that approximately one-third of planning appeals are successful, with this rate remaining relatively consistent over a significant period of time. This translates to approximately 33.33% – which is not an incredibly encouraging figure for those faced with rejection.
If you are concerned with the success of your planning application or have already faced rejection, employing a planning consultant is the best course of action. As professionals in the field of planning legislation, planning consultants are able to guide developers through the process of application and application alterations.
How do I appeal a planning application refused?
The appeal process, when conducted by a planning consultant, generally begins with an application review and audit. The decision notice will be thoroughly analysed, in order to establish initial weak points within the refusal. When combined with a more thorough highlighting the application’s strengths, this should increase the chances of a successful application.
Planning consultants may also provide a supporting planning statement, which addresses key issues, and sets out planning grounds in favour of the application.
Following this, a proposal indicating the likelihood of a successful reapplication will be proposed, and listed alongside cost. These steps may be undertaken by an individual, but are generally much more effective with professional input.
What does appeal dismissed mean in planning?
The dismissal of a planning application appeal generally indicates that the application may not be taken any further. The most effective way forward from this point is most often a re-evaluation of the original submission, and appeal. This re-evaluation is most often conducted as the first step of the creation of an edited application, designed to appeal to any weaknesses noted in the rejection or dismissal note.
Involving a planning consultant on a previously dismissed development project can be an excellent way to get things back up and running. Norton Taylor Nunn’s team of specialist planning appeal consultants use their expertise to ensure the majority of appeals brought to us are approved.
Where are planning appeals heard?
Planning appeal hearings are arranged by the Local Planning Authority (LPA) who is responsible for arranging venues. Hearings are usually held in LPA offices, village halls, or community centres, but during the pandemic, they have taken place online. Hearings are formatted as a round-the-table discussion led by the planning inspector.
The planning appeal process is intended to be an informal process and allows for all parties to respond to any questions that the inspector might have, and to let everyone make their case known. Third parties, such as local residents, councillors, and amenity groups may also attend and take part in the discussion. The majority of hearings will take no longer than a day and usually conclude with a site visit.
How do I submit a planning appeal?
Normally submitting a planning appeal happens by post or online. During the pandemic, the planning appeals could only be done online using the government website. The online appeals go to the Planning Inspectorate. If you want to appeal more than one decision you must make a separate appeal for each.
After appealing online, you will need to send a copy of your appeal with all the supporting documents to your local planning authority. You will receive further instructions from the Planning Inspectorate.
You’ll need to submit copies of:
• Your original application.
• The site ownership certificate.
• The local planning authority’s decision notice – if they did not make a decision, submit a copy of the letter acknowledging your application.
• All plans, drawings, and documents you sent to the local planning authority.
You’ll also need to submit:
• A map of the surrounding area
• Any other documents that directly support your appeal, for example, your full statement of the case
You can upload these documents when you appeal.
How many times can you appeal a planning decision?
Refused applications can be appealed within 6 months of the decision, or 3 months for householder appeals. Appealing is a complicated process taking several months, which is why appealing repeatedly is never advisable. Reapplying with amended plans that factor in planning officer feedback is an easier route to getting planning permission.
Oftentimes, developers find themselves applying over and over again and amending the plans according to the feedback received each time to eventually find themselves getting an acceptance from their local planning authority (LPA). However, if this approach doesn’t work and/or if you feel the refusal is unreasonable – or if the LPA has taken longer than the required 8 or 13 weeks to issue the decision (unless a longer time frame has been previously agreed) – then you can appeal to the Secretary of State.