Has your planning application recently been refused?
If your local planning authority planning officer has refused your application it does not mean the process has to end there. Decision notices can often look very final, containing policies both local and national.
You can appeal a planning decision if any of the following apply:
- you were refused planning permission for reasons that you think go against the LPA’s development plan or planning policy (you can usually find these on their website)
- you were granted planning permission with conditions you object to - you’ll need to explain why you think they’re unnecessary, unenforceable, vague, unreasonable or irrelevant
- the LPA has not given you a decision on your application and 8 weeks have passed since the date they told you they’d received it (or a different deadline you agreed with them has passed)
For major projects, you can only appeal if 13 weeks have passed. Examples of a major project include a development with 10 or more dwellings, or a building with floor space of more than 1,000 square metres
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How long you have to appeal
If your application was refused, or granted with conditions, you can appeal for up to 6 months from the date on your local planning authority’s (LPA) decision letter.
If you have not received a decision, you can appeal for up to 6 months from the date your decision was due to arrive.
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Enforcement notices
You’ll have less time to appeal if you received an enforcement notice in the last 2 years.
If you received the enforcement notice before your application was refused, you have 28 days from the date on your decision letter to appeal.
If the enforcement notice came after your application was refused, you need to appeal by whichever of these dates is sooner:
- 28 days from the date you received the enforcement notice
- 6 months from the date on your application decision letter
(https://www.gov.uk/appeal-planning-decision)
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We deal with the following planning appeals for our clients:
Planning Appeals
Homeowner Appeals
Prior Approval Planning Appeals
Retrospective Planning application Appeals
Commercial Appeals
Enforcement Notice Appeals
Certificate of Lawfulness Appeals
Change of Use Appeals
Houses of Multiple Occupancy (HMO) Appeals
Listed Building Consent Appeals
Appeals Against Non-Determination
The following will be taken into consideration: National Planning Policy Framework, Local Plans and Guidance Local Planning Precedent, Planning Obligations (Section 106).
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Planning Appeals for refused applications
Following the refusal of your planning application, did you know that under planning law you have the right to a planning appeal against the council’s decision. We can guide you through the planning appeal process and provide professional advice. The Planning Inspectorate is completely independent to the Council and has the power to disregard local planning policies if they do not agree that they are relevant in a particular planning application.
Here at HAD & CO we specialise in submitting appeal statements that details the arguments against the council’s planning refusal reasons. Our appeal would most likely contain an analysis of relevant National, Regional and Local planning policies and an assessment of how they can be applied to support the grant of planning permission, as well as a description of any suitable planning appeal precedents, for example buildings within the local area that have been granted planning consent for a similar proposal.
After submission of the written representations planning appeal, the Planning Inspectorate generally take around 4 to 6 months to decide the appeal based on the information submitted in the appeal statement. The written representations planning appeal is recommended for the majority of schemes that do not have a high degree of complexity.
Our team at HAD is able to prepare and submit a planning appeal that specifically deals with the salient points of your refused planning permission. Our experience enables us to pick up any weaknesses within the council’s planning refusal notice and counter them with a strong, professionally prepared planning argument.
Alternatively, a planning application may benefit from a “free go” within 12 months of your first submission to submit a further application without re-paying the council fee, usually if a planning application is made following an application which has been withdrawn or refused. At HAD we can look in to addressing the reasons for refusal and resubmitting an application on your behalf.
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We at HAD & CO are well positioned to advise on whether a refused planning application can be modified and re-submitted or if a planning appeal should be proceeded with.
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How long do I have to submit an appeal?
You need to submit your planning appeal to the Planning Inspectorate before your right to the appeal expires. For householder applications, it’s within 12 weeks from the decision date. For full planning applications, it’s six months.
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Submitting an appeal
When you submit your planning appeal, the Planning Inspectorate will re-examine your planning application and determine whether your local planning authority made the right decision to refuse your application.
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Who is the planning inspectorate and what do they do?
The Planning Inspectorate deals with planning appeals, national infrastructure planning applications, examinations of local plans and other planning-related and specialist casework in England.
More info: https://www.gov.uk/government/organisations/planning-inspectorate
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Which documents are required for Submitting my Planning Appeal?
Statement of Case Grounds of Appeal
A copy of the original application
The site ownership certificate
The local planning authority’s decision notice (or a copy of the letter acknowledging your application if they did not make a decision)
All plans, drawings and documents sent to the local planning authority
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Case studies of previous appeals by us:
