Tens of thousands of planning applications are turned down every year. Anybody who has been refused planning permission is entitled to appeal to the Secretary of State to have their case redetermined. This is known as a planning appeal. It is also possible to appeal against an enforcement notice and to appeal the lack of any decision at all (known as non-determination).
All appeals are determined by a Government quango named the ‘Planning Inspectorate’, regardless of which local planning authority (LPA) made the original decision. The Inspector’s decision will be based purely on the merits and impacts of the scheme and whether it complies with the relevant planning policies. It will not take account of local politics or prejudices. Once made, the Inspector’s decision is final and binding. It may only be challenged on a point of law – for example, if one of the parties believes the due process has not been followed.
An appeal may be determined in one of three ways:
Written Representations
This is by far the most common form of planning appeal (over 90%). As the name suggests, the inspector makes his or her decision based on written evidence only.
Planning Appeal Hearing
The inspector first reads the written evidence and then questions both sides in something akin to an informal courtroom setting. You can request a hearing when making your appeal but the Inspectorate will decide whether or not to grant one.
Public Inquiry
A more formal version of a planning appeal hearing, usually involving large numbers of lawyers. This is generally only used for major applications where there is a strong public interest.
Hearings and inquiries take longer and cost far more than written representations but they do have a greater success rate. About 25-30% of written planning appeals result in a refusal being overturned. For hearings, the figure is around 40% and, for inquiries, it is nearer 50%.
To make a planning appeal, you will need to complete a form, write a statement of case and send copies of all the original application documents to the Planning Inspectorate. The Inspector will invite the LPA to send its own statement of case and you will have the chance to comment on this. Berrys has submitted many successful planning appeals and can help you make a sound and logical case for overturning the LPA’s decision.
There are strict deadlines for making a planning appeal. If you are appealing a refusal of planning permission, you will normally have six months from the date of refusal to make your appeal. If your application is deemed a ‘householder application’ (where the application concerns only a single private house), this is reduced to twelve weeks.
If you are appealing on the grounds of non-determination – i.e. you have reached the allotted determination date for the application yet the LPA has still not made a decision – you have six months from the allotted determination date to make your planning appeal.
If you are appealing against an enforcement notice, you have until the day before the enforcement notice takes effect to make your appeal. Appeals received on the day the notice comes into effect will not be accepted. The LPA must allow at least 28 days between the date the notice is issued and the date it comes into effect.
If you are thinking of appealing, our planning advice would be to call us sooner rather than later. The quicker we get onto it, the sooner we can be putting together a case.
