Question 1

What is a planning appeal?

Accepted Answer

A planning appeal is a formal challenge to a decision made by the local planning authority, submitted to the Planning Inspectorate. The most common type is an appeal against a refusal of planning permission - where the applicant believes the authority was wrong to refuse. Appeals can also be made against conditions attached to a permission (a conditions appeal), against a failure to determine an application within the statutory period (a non-determination appeal, which effectively puts the decision to the inspector), or against an enforcement notice (where the appellant disputes that a breach of planning control has occurred or argues that planning permission should be granted). Planning appeals in England are free to submit - there is no appeal fee.

Question 2

How long do I have to appeal a planning refusal?

Accepted Answer

The appeal period depends on the type of application refused: for householder applications, the appeal period is 12 weeks from the date of the decision notice; for other applications (full applications, outline applications), the appeal period is 6 months from the date of the decision notice; for enforcement notices, the appeal period is 28 days from the date the notice is served. These deadlines are strict - a late appeal will not be accepted by the Planning Inspectorate unless there are very exceptional circumstances. The appeal must be submitted before the deadline even if supporting documents are not yet complete (though they must follow within the specified timeframe). Setting a reminder the week before the deadline is essential.

Question 3

How are planning appeals decided?

Accepted Answer

Planning appeals are decided by a Planning Inspector appointed by the Planning Inspectorate. The inspector considers the appeal using one of three procedures depending on the complexity of the case: written representations (the most common, where the inspector considers written statements from the appellant and the local planning authority, plus any third-party representations, and visits the site); a hearing (a less formal version of a public inquiry, where the inspector chairs a discussion with the main parties); or a public inquiry (a formal court-like procedure used for the most complex or contentious cases, where evidence is given under oath and parties may be legally represented). For most householder appeals, written representations are used. The inspector's decision is issued in writing and is legally binding.

Question 4

What are the chances of winning a planning appeal?

Accepted Answer

Nationally, approximately 35-40% of planning appeals are allowed (decided in favour of the appellant). However, this overall figure conceals significant variation by application type and local authority. Householder appeal success rates are generally lower than for major development appeals. The key factor in whether an appeal is likely to succeed is whether the reasons for refusal are soundly based in planning policy - if the authority refused on policy grounds that are clearly supported by the development plan and National Planning Policy Framework, an appeal is unlikely to succeed. If the refusal appears to be based on neighbour objections rather than policy, or where the planning officer recommended approval but the committee refused against officer advice, an appeal may have stronger prospects. Taking professional planning advice before deciding to appeal is strongly recommended - a weak appeal wastes time and money.

Planning Appeal

Just so you know...