Only 20% of planning refusals are appealed, but we win a majority of the planning appeals we undertake

Why Should you Appeal?

Planning Appeal is your Right and if you are not satisfied with the LPAs decision or the LPA has delayed in making the decision, you can Appeal on valid grounds.

The planning System has changed and the Government wants homeowners to have greater freedom to develop their properties.

Even though Council Planning Officers are a conservative bunch, they are instructed to follow the Council’s policies from word to word.

Planning appeals are free, straightforward, unbiased and a decision can be made in as little as 8 weeks.

There are many things that Planning Inspectors will be looking out for when hearing your appeal including whether or not you’ve submitted all the correct information for your Planning Application.

While the national average success rate is around 40% for planning appeals, our own is much higher and our fees are low. What have you got to lose?

How do Appeals work?

There are two different types of Planning Appeal, firstly an appeal against a refusal. This means that the Local Planning Authority has refused your planning application either because they think it doesn’t comply with their council’s policy or some other reason which is not specified in law. If you feel this decision was wrong then you have the right to appeal against it.

Secondly, you can also be granted Planning Appeal if the Local Planning Authority has not decided your application within 16 weeks of submission or deemed refusal by a council officer. Most applications will fall under this category so don’t forget to apply for Planning Appeal in these circumstances!

What is the process of appealing?

We will carefully assess your proposal and reasons for refusal, we then begin to prepare a written statement and submit it to the inspectorate.

We take care of all of the discussions with your local council and the planning inspector, and manage the appeal process up to the point where a decision is made. We make the process as simple and stress-free for you as possible.

Our consultants have years of experience in the planning system and making appeals, with previous backgrounds spent working as Council planning officers.

There are many Types of Appeals for you

What are the grounds for an appeal?

The first step you should take is to familiarise yourself with the reasons why Planning Appeal may be granted, which are known as the Planning Appeal Grounds.

There are many Planning Appeal Grounds that applicants can appeal against the decision of the Local Planning Authority on, and these include:-

failure to determine an application within a reasonable period of time, substantial non-compliance with policies in local or neighbourhood plan (if one exists), material error of fact, significant adverse impact on highway safety which was not given proper consideration at the time of planning approval (this must be accompanied by legal representation for this case).

There are various ways that your application could have been refused by the council and Planning Inspector will need to know about them all before making a decision on whether or not you’ve got a case!

Remember, it’s always best to seek legal advice when planning an appeal if you’re unsure of what you can and cannot say. Planning Appeal is always a complex process that involves an in-depth knowledge of the Planning Act, therefore Planning Enforcement Limited is always here for you to navigate you through the whole process.

How much do you charge?

We usually charge a single, all-inclusive fee. Our fees are dependant upon the complexity of the case, so please ask us for a free assessment and quote. There is no fee to your councillor to the planning inspectorate, and there should be nothing else to pay.

What happens after my Planning Appeal is submitted?

Following submission, you will receive an acknowledgement of receipt within five working days which includes a reference number and some basic case details such as the name of your Local Planning Authority who issued the decision in question. This does not mean that it has been accepted yet though- this confirmation simply means they have received all relevant documents from you!

A pre-appeal meeting with Planning Inspector may be requested at any point before the date of your hearing if required. Documentation during the process must also follow strict guidelines about font size, margins, etc., whilst a fee applies for each copy provided including Planning Appeal Notice, Planning Statement and Planning Inspector’s report.

Planning Inspectorate will decide whether the appeal is valid within two months of receiving all relevant documents from you unless there are exceptional circumstances- such as being abroad at this time which would allow a further three weeks before considering your Planning Appeal! If they feel that more information/evidence needs to be submitted then an extension may also be given, but only once during the process. You can find out what happens after my Planning Appeal has been submitted by visiting our Planning Guide page here.

What if I lose?

We don’t take on cases that we don’t think we will win. If your planning appeal is not successful, we will help you consider further options, which might include a new planning application to the Council.

Should Householders’ appeal?

Developers and investors are usually very familiar with the appeal system and are often ready to appeal a planning refusal. Homeowners are much less likely to appeal a decision, which is one of the reasons Councils are happy to make unreasonable or unjustified refusals.

How long does it take?

For householder applications (such as extensions or outbuildings) you must submit your appeal within 12 weeks of receiving the decision from the council.

We aim to prepare a draft appeal statement for you to review within 10 days of receiving your instructions. Once you have agreed on the final wording of the appeal statement, we submit the appeal within 2 working days. Householder planning appeals are currently taking an average of 11 weeks to be decided.

Some useful points to remember-

There are many things that Planning Inspectors will be looking out for when hearing your appeal including whether or not you’ve submitted all the correct information for your Planning Application. This includes providing a copy of any relevant local or national policy which relates to your application, as well as giving clear reasons why they should grant it in addition to consideration on how this will affect surrounding residents and businesses.

It’s important that when submitting an appeal you submit all supporting evidence which you feel is necessary to prove your Planning Application should be granted. This includes planning policies that relate to the application, any objections or letters of support from relevant stakeholders, and a list of all previous decisions which have been made directly related to the Planning Appeal Ground in question.

So what’s the next step?

Contact us with your full address and we will send you a free written assessment of what your chances are at appeal. You will also receive a personalised fixed-fee quote for the preparation and submission of the appeal.

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