Planning Appeals Frequently Asked Questions
What is my right of appeal?
If you are aggrieved by the decision of the local planning authority to refuse your planning application, you have a right of appeal to the Secretary of State. You can also appeal against a grant of planning permission subject to conditions to which you object. It is also possible to appeal against the failure of the local planning authority to determine your planning application within the prescribed period (usually 8 weeks).
How is my planning appeal determined?
A very small number of appeals, which raise issues of national importance, are determined by the Secretary of State personally. The great majority of appeals are determined by an independent Inspector, appointed to act on behalf of the Secretary of State. The Inspector will consider all the evidence from the main parties (usually the appellant and the local authority) as well as any third party representations, such as objections from local residents. The Inspector's decision will be based on the relevant development plan policies (such as the Local Plan and Local Development Framework), the government's statements of national policy and any other relevant material considerations, such as other similar developments which may have been permitted recently in the locality.
What is the “written representations” method?
Under the “written representations” method the appeal is dealt with by an exchange of written statements from the main parties (usually the appellant and the local authority) followed by a site visit. There is also an opportunity for third parties (local residents, etc) to comment by letter. The written representations is the simplest, quickest and most cost effective method of appeal. Decisions should normally be issued within approximately 16 weeks. The majority of appeals are determined by this method and it is the most suitable means of appeal in most cases. This is the method used by Planning Appeal Statements.
What are the other methods of appeal?
Appeals can also be dealt with at a Hearing or by means of a Public Inquiry. Both methods involve the submission of written evidence but also allow the opportunity for the parties to be heard in front of an Inspector. Hearings are informal and take the form of a “round the table” discussion led by the Inspector appointed to determine the appeal. Appellants are usually, but not always, professionally represented. A Public Inquiry is a formal means of hearing an appeal, whereby the main parties are legally represented and may be subject to formal cross-examination.
Do I have the right to be heard at a Hearing or Inquiry?
Not any longer. The legislation has recently changed and the Planning Inspectorate, the government organisation which adminsters appeals in England and Wales, has the power to decide the method of appeal. Parties may, of course, request that the appeal is heard by means of a Hearing or Inquiry. In practice, these methods tend to be used for more complex cases which require detailed discussion and/or cross-examination.
What if my appeal is not suitable for the “written representations” method?
The “written representations” method is suitable for the majority of appeals, particularly where these relate to household extensions, advertisements, changes of use and most small and medium-sized residential and commercial schemes. If we consider that your appeal is not suitable for the “written representations” method, we will advise you accordingly and recommend the most appropriate way forward.
Why is my planning appeal statement so important?
Your planning appeal statement sets out your grounds of appeal and is the means by which you put forward your arguments for approval. In order to maximise your chances of winning the appeal, it is essential that you present your arguments in the most effective way possible, with reference to the correct national and local planning policies and any other relevant material considerations.
How can Planning Appeal Statements help?
We are experts at handling planning appeals and have all the necessary skills and experience to present your case in the most cogent and effective way possible. You need to remember that the local authority will use qualified planning officers to present its arguments. Unless you have access to a similar level of expertise, this places you at an immediate disadvantage, particularly as many appellants have little or no prior knowledge of the planning system. By employing Planning Appeal Statements to prepare your appeal statement you will ensure that your appeal has the best possible chance of success at substantially lower cost than a full planning consultancy service. We also offer a free appraisal of your case to help you assess your chances of winning before making a decision about whether to appeal.
Why not use a conventional planning consultant?
Planning consultants typically handle the entire planning appeal process for you, including administration and attendance at the appeal site visit. This adds significantly to the cost of these services. Planning Appeal Statements offers substantial savings, because you handle the administration of the appeal and attend the site visit yourself, using our straight forward Guide to the Appeal Process. This means we can spend your money where it counts, on drafting your appeal statement, not on form filling and photocopying. Our services are designed to add real value to your appeal, by significantly increasing your chances of winning at minimal cost.
What is involved in handling the appeal myself?
You will need to complete a simple form setting out basic information about your appeal, such as the site address and planning application reference number. It is not necessary to enter any details about your grounds of appeal because we provide all this information in your planning appeal statement. You will need to sumit your appeal form together with copies of the original planning application documents (application form, plans, etc). You can either submit your appeal by post or online via the Planning Portal website. Whichever method you choose, our simple Guide to the Appeal Process takes you through the process step-by-step. If you need any assistance, we provide unlimited telephone and email support at every stage of your appeal.
What is involved in attending the appeal site visit?
The purpose of the appeal site visit is to allow the Inspector to view the site. If all the relevant features can be seen from public land (such as a road or footpath) the Inspector will usually carry out an unaccompanied site visit and you do not need to attend. For appeals under the new Household Appeals Service, it is acceptable to make arrangements for access by means of a side gate, etc. In all other cases, the Inspector will need to be accompanied by a representative from the local authority and the appellant. The Inspector will usually ask the parties to confirm that he has the correct plans. However, your attendance at the site visit is only to allow access for the Inspector. No discussion about the appeal is allowed, although you may point out relevant features (boundary fence, neighbour's window, etc) if you wish. It is therefore not necessary for you to be professionally represented at the appeal site visit. Most appellants are quite happy to attend the site visit, if required, or ask a friend or neighbour to attend on their behalf.
What is the Householder Appeals Service?
The Householder Appeals Service is a new streamlined appeal process for householder appeals (extensions, etc) which is handled electronically by accessing planning application documentation held online. The process is a simplified version of the standard “written representations” method and is designed to be completed within 8 weeks instead of the normal 16. We will recommend that you use this service for the majority of householder appeals, provided that you are happy to submit your appeal online.
Do you carry out a site visit to assess my proposal?
No. This is one of the ways we keep our costs down. We will view all the details of your proposal, including plans and drawings, by accessing the local authority's website. The appeal statement we prepare for you only needs to address the reasons for refusal. Indeed, it needs to be clearly focussed on the issues that are in dispute. Therefore it is not necessary for us to have detailed information about every aspect of your proposal or to inspect your property in detail. Where relevant, we will ask you to supply photographs, which can normally be sent by email. This is sufficient to enable us to assess your proposal and prepare a robust rebuttal of the local authority's reasons for refusal. If, for any reason, we consider that our services are not suited to your circumstances, we will advise you accordingly and recommend the most appropriate alternative course of action.
What if my appeal is unsuccessful?
If you ask us for a free appraisal of your case we will advise you in advance about your prospects of winning an appeal. Although we cannot guarantee success, we are confident that we can significantly improve your chances of winning at substantially lower cost than most planning consultancy services. Even if your appeal is unsuccessful, you still have the option of submitting a revised planning application for an alternative or reduced scheme of works. We will review your appeal decision and advise you about this at no extra charge upon request.
Do you operate a no-win no-fee service?
No. If we did we would have to increase our prices overall to cover the cost of defending unsuccessful appeals. We would also have to charge higher rates in some cases depending on the likelihood of an appeal succeeding. We believe that a simple fixed pricing structure is the best way to provide a high quality and cost effective planning appeal service. Remember that we offer a free appraisal of your case to help you assess your chances of winning before making a decision about whether to appeal.
Can I make an application for costs against the Council?
Yes. Following recent changes to the appeal process, it is possible for either of the main parties to apply for an award of costs under the “written representations” procedure. However, costs applications are rare in “written representations” cases. An award of costs does not follow automatically from a successful appeal, but is made only exceptionally where it can be demonstrated that one of the main parties has acted unreasonably and thereby caused another party to incur unecessary expense. If requested, we will advise you about the possibility of making an application for costs. If instructed, we will submit an application for costs with your appeal. However, there is an additional charge for this service of £150.
What if I still have questions?
We provide unlimited free telephone and email support. Please contact us at any time for advice and information about your case or any aspect of our service.
