Everything you need to know to Appeal Planning Permission
You can appeal to the Planning Inspectorate against a planning decision under a number of circumstances. These include where;
You were refused planning permission for reasons that you consider go against the local planning authorities’ development plan;
You were granted planning permission with conditions you object to; and
Where the local planning authority has not given you a decision on your application and 8 or 13 weeks have passed (depending on the scale of the development proposed).
For planning applications, if the decision was refused or you have not received a decision, you have up to 6 months to make an appeal; 12 weeks for householders or minor commercial.
Appeals can also be made against the serving of an Enforcement Notice. If you received the notice before your planning application was refused, you have 28 days from the date on your decision letter to appeal this. 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; or
6 months from the date on your application decision letter ( 12 weeks if a householder or minor commercial).
The planning appeal process
The enforcement appeal process is also slightly different to the planning appeal process in that a number of specified ‘Grounds’ (Grounds (a) – (g)) can be appealed against. These include grounds that relate to matter such as time limits for enforcement action, planning merits and time periods for any remediation work.
There is currently no fee for making a planning appeal. However, you will need to create an appeal statement (known as a Statement of Case). This should be submitted together with other documentation such as the planning application form and the decision letter from the location planning authority (if issued).
There are various ways in which appeals can be determined by the Planning Inspectorate. These include the written representations process, oral hearings and a public inquiry. You can request any of these mechanisms, but the Inspector typically has the last say in relation to the way in which the appeal will proceed.
The written representations process is the most commonly used process, used for simpler developments. It is it also the cheapest should you wish to secure the services of a planning professional to handle your appeal.
Hearings provide a platform for oral discussions on the evidence provided. Here the inquisitorial burden rests with the Inspector, who will ask questions of the appellant, the Council and any third party in attendance.
A public inquiry is used for larger, more complex, developments. Enforcement cases are frequently processed in this manner given that evidence is usually given under oath. During a public inquiry the Inspector will take a ‘backseat’ and expert witnesses from interested parties will be cross-examined by legal professionals. Hearings and public inquiries are held both in person or virtually (or a mixture of the two).
Timescales for appealing planning decision
The timescales for receiving an appeal decision are variable. In our experience, they typically arrive around 4 weeks after the Inspector’s site visit takes place. That said, there are usually considerable delays in getting to this stage and it is not uncommon for the entire process to take the best part of a year.
You can also challenge any appeal decision in the High Court if you think the Planning Inspectorate made a legal mistake. You will have 6 weeks from the day after the date of the decision in which to do this. This is often referred to as a Judicial Review.
Case Examples
Allowed – Creation of a vehicular access onto the A556 – Cheshire East ( Appeal Ref:APP/R0660/D/23/3331356)
We have recently handled a case in Cheshire East Council’s local authority area for a vehicular exit directly onto the main road. Given our work at the application stage, we were able to reduce the Council’s objection to a single issue – the effect on the character and appearance of the area. However, our Statement of Case convinced the Inspector that there would be no harm in this regard. This was despite the site being located within the Green Belt. As such, the appeal was allowed.
Allowed – Domestic garage – Warrington (Ref: APP/M0655/D/23/3334058)
We were involved an appeal against the refusal of permission for the erection of a domestic garage in Warrington.. Through the written representations procedure, we were able to convince the Inspector that this development would not harm the character and appearance of the area or the living conditions of nearby residents (the two reasons for refusal given by the Council). A comparable permitted development ‘fall-back’ outlined to the Inspector also helped assist our case. The appeal was allowed.
Allowed and Enforcement Notice quashed– Sefton (Ref: Appeal A: APP/M4320/C/22/3302856
Appeal B: APP/M4320/C/22/3302857,Appeal C: APP/M4320/W/22/3302854)
We recently dealt with a combined appeal against an enforcement notice and the refusal of a planning application for the use of a dwelling as a short-term holiday let. . Illustrating that this did not constitute a material change of use, we were successful on Ground (c) of our enforcement appeal (that there was no breach of planning control). The appeals were allowed, quashing the notice and granting planning permission.
If you would like help to appeal a planning application that has been refused, contact ABL Planning to see how we can help.