Planning Appeals are a last resort for homeowners who have been told by their local council that they cannot build on the land they own. The Planning Appeal process is not easy, as there are many types of Appeal which can be confusing sometimes and there is no guarantee of success. However, if you do manage to succeed in your appeal then it can be worth all the hard work. We will discuss how successful Planning Appeals are and what factors contribute to their success rate.
There are many factors that contribute to whether or not your appeal will be successful, for example:
-If you have followed all the rules and regulations put in place by local councils.
-If you hire an experienced Planning Consultant that will help you in every planning process.
-If there were flaws in the decision-making process by the Local Planning Authority that they did not follow correctly. Whether or not if there was bias involved in this decision-making process (for instance, money corruption).
-And most importantly, how strong your case is against theirs!
You need to prove beyond reasonable doubt that you should be allowed to build on the land that you own based on reasons such as community benefits etc., which are outlined in the Sustainable Communities Act.
According to the Planning Inspectorate’s records, on average only about one appeal in three is successful. This rate has remained fairly consistent over many years. Applicants should feel confident that they can present their entire case at the time they submit an appeal.
Here are the steps you should follow to make a Planning Appeal:
(Due to coronavirus, you can not approach the Local Planning Authority by post, therefore you have to apply for the Appeal online)
- Register yourself on the official website of the Planning Department
- Upload all the related documents including drawings and plans of your project
- Hire a professional Planning Consultant who has in-depth knowledge of the Planning Law. Although this is totally optional, your chances of success significantly increase with a Professional on your side.
- Submit the application and wait until you get a reply. The Local Planning Authority has this time limit in order to decide whether or not your appeal is successful based on all the documents that you have submitted with it.
- Once they make their decision, you will be notified by post if your project was successful or not and why! This may take few weeks before it reaches you so patience is key here.
However, there are certain grounds whereby an applicant can lodge his/her own appeal against the refusal of planning permission within two calendar months from receipt of notice of any such decision without seeking leave (permission) as described below:
-If development consent would accord better with development plan policies than refused consent;
-If the grounds for refusal are incorrect;
-If there has been a material mistake of fact. This means that something you thought was true, is not and it would be unjust to make the decision based on this false information. You should also bear in mind that your application will not automatically succeed if these conditions are met! There are many other factors that have an impact on whether or not your appeal succeeds.
It is important to note here that if your appeal is successful it doesn’t mean you are exempt from paying any costs involved with planning permission. For example application fees or legal expenses etc. However, having your project approved by the Local Planning Authority can save you money in the long run because now no further applications will be necessary regarding development within the site boundaries.
This shows how important it is to follow all rules set out by local councils and the Local Planning Authority. If you do not, your appeal will most likely fail and a lot of time and money can be lost as a result!
Successful planning appeals are generally low. You should still try to present your best case at all times during this process but it is also important to note that if you have followed all procedures correctly then your chances significantly increase!
In conclusion, although unsuccessful planning appeals happen quite frequently, successful ones are only achieved in about one-third of cases so applicants must feel confident when putting forward their case against the decision-making processes put into place by local councils. Applicants should ensure they follow every rule stated by the Local Planning Authority to the letter in order for their appeal to be successful.