Planning appeals

What is a Planning Appeal? An Expert Overview

A planning appeal is a formal process that allows you to challenge a planning decision made by your local planning authority (the council). It's not a re-run of your original application; instead, it is an independent review of the council's decision.

The crucial point to understand is that appeals are not decided by the council that refused your application. They are handled by the Planning Inspectorate, an independent government agency. An impartial Planning Inspector is assigned to your case to assess the arguments from both you (the appellant) and the council. In essence, the Inspector acts as the 'judge', ensuring a fair and objective ruling is made based on established planning policy.

Typically, only the original applicant can appeal a planning decision. The main exception is for an appeal against an enforcement notice, where the property owner or lawful occupier can also act as the appellant.

Key Scenarios for Launching a Planning Appeal

While the most common reason for an appeal is an outright refusal, there are other important triggers you should be aware of:

• Appeal Against a Refusal of Planning Permission: This is the most frequent scenario. If your local council has refused your application for an extension, loft conversion, or other development, you have the right to appeal that decision. The Inspector will examine the council’s stated reasons for refusal and determine if they are valid according to local and national planning policies.

• Appeal Against Conditions Attached to a Permission: Sometimes, a council will grant permission but with conditions that you find unreasonable, unnecessary, or that make the project unviable. You can appeal against these specific conditions while keeping the main permission intact.

• Appeal Against Non-Determination: Local authorities have a statutory period to decide on planning applications—typically 8 weeks for minor applications (like most householder projects) and 13 weeks for major developments. If the council fails to make a decision within this timeframe and you have not formally agreed to an extension of time, you have the right to appeal on the grounds of non-determination. This effectively takes the decision out of the council's hands and gives it to the Planning Inspectorate.

Critical Deadlines: When You Must Act

The planning system operates on strict timelines, and missing a deadline means losing your right to appeal. It is absolutely critical to be aware of the timeframe that applies to your specific situation. The clock starts from the date on the council's decision notice.

Here are the most common appeal deadlines for residential projects:

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Given these tight windows, especially for householder applications, we advise contacting a planning professional as soon as you receive a decision you wish to challenge.

Building Your Case: What a Strong Appeal Requires

A successful appeal is not a simple letter of complaint. It relies on a meticulously crafted argument presented in a formal document known as the Grounds of Appeal Statement.

This statement is the cornerstone of your case. It must systematically address each of the council's reasons for refusal and demonstrate, in technical planning terms, why their conclusions are incorrect. A powerful statement will:

• Refer directly to relevant policies in the council’s Local Plan, the London Plan, and the government's National Planning Policy Framework (NPPF).

• Provide compelling counter-arguments, supported by evidence, to show how your proposal complies with these policies.

• Draw upon precedent from similar, successful appeals or approved applications if relevant.

For an appeal against an enforcement notice, you must select from specific legal grounds, such as proving that planning permission should be granted, that the alleged breach has not occurred, or that the time limit for enforcement action has expired. The burden of proof is always on you, the appellant, to substantiate your chosen grounds.

In some cases, we may advise commissioning supplementary documents, such as a Tree Report or a Daylight and Sunlight Analysis, to provide robust evidence that directly refutes a specific reason for refusal.

Why Professional Guidance is Crucial for Your Appeal

You only get one chance to make your case in a planning appeal. Unlike a planning application, which can often be revised and resubmitted, an appeal decision is final. A poorly constructed appeal not only has a high chance of failure but can also set a negative precedent, making a future application on the same site more difficult.

This is where the expertise of a firm like London Extend becomes invaluable. By engaging a planning consultant, you benefit from:

• An Expert Assessment: We provide a free, no-obligation initial review of your case to give you an honest appraisal of your chances of success. We will tell you if an appeal is the right strategy or if a revised application would be more effective.

• A Professional Grounds of Appeal Statement: We craft persuasive, evidence-based arguments that speak the language of Planning Inspectors, focusing exclusively on relevant planning matters and avoiding emotive or irrelevant points.

• Comprehensive Case Management: We handle the entire process for you, from submitting the appeal online to liaising with the Planning Inspectorate and managing all correspondence, ensuring every deadline is met.

• Strategic Advantage: We leverage our knowledge of case law and precedent decisions to strengthen your appeal, significantly improving your prospects of a positive outcome.

The Appeal Journey: What Happens After You Submit?

Once your appeal is submitted and validated by the Planning Inspectorate, an Inspector is assigned, and a procedure is chosen. For most householder and minor developments, one of two paths is followed:

1. Written Representations (Fast-Track): This is the most common and quickest procedure for householder appeals. Your comprehensive Grounds of Appeal Statement is submitted at the start. The council is then invited to comment only on factual errors within your statement. They cannot introduce new arguments. The Inspector will conduct a site visit and then make a decision based on all the written evidence.

2. Written Representations (Standard): For more complex cases, this procedure allows for more back-and-forth. After you submit your statement, the council and other interested parties can submit their own written comments. You then have a final opportunity to respond to their points before the Inspector conducts a site visit and makes a decision.

3. Hearings and Public Inquiries: These are much rarer and reserved for very large, complex, or contentious schemes. They involve a more formal, in-person or virtual meeting where arguments are presented verbally to the Inspector.

Beyond Overturning a Decision: The Strategic Benefits of an Appeal

While winning is the primary goal, an appeal can offer other strategic advantages. National statistics show that roughly one in three planning appeals are successful, but even an unsuccessful appeal can be highly valuable.

• Gaining Clarity for a Future Application: An Inspector's decision letter provides an impartial, expert analysis of your project. For example, a council might refuse an application for five reasons. The Inspector might dismiss four of those reasons as unfounded but uphold the fifth. This is an enormous benefit, as it narrows down the issues. You can then design a revised scheme that solves that single, specific problem, making it highly likely the council will approve it next time.

• Gaining Time: An appeal against an enforcement notice puts the notice on hold until the appeal is decided. This process can take over six months, providing valuable time to resolve the situation or continue an existing use of the property, such as collecting rental income.

Understanding the Costs and Timelines Involved

Submitting a planning appeal to the Planning Inspectorate is free of charge for almost all appeal types. The only cost to you is the professional fee for an expert consultant, like London Extend, to prepare and manage the appeal on your behalf.

In very rare cases where a council has acted unreasonably, it is possible to make a claim for your costs to be reimbursed, but this is a high bar to meet.

Appeal timelines can vary depending on the complexity of the case and the workload of the Planning Inspectorate in your area. As a general guide, you can expect the following durations from validation to decision:

If you have received a planning refusal, don't hesitate to contact the team at London Extend. Our initial advice is always free, and we can help you understand your options and map out the best path forward for your project.