We understand that a refused planning application can leave you feeling frustrated. A planning appeal is your one opportunity to completely over-turn the Councils refusal and gain planning permission, irrespective of what the Council think should happen.
Our senior planners are planning appeal experts. Working as senior planning officers within Councils, they have extensive and up-to-date knowledge of the planning system, giving your planning appeal the greatest chance of success.
The process begins by: a free review of your planning application; scrutinising the officer’s decision notice.
There may be weaknesses within the refusal or strengths in your application that need to be better highlighted. We shall examine your individual case and give an honest assessment on the potential of success at appeal and the costs.
Supporting Planning Statement- Adding Weight To Your Appeal
The most important element to any planning appeal will be the Supporting Planning Statement. Our statements are never a template from past cases, but deal with the key issues of your case, addressing their relevant policies (both national & local) and set out the planning grounds in favour of your proposal, whilst also addressing any tricky points that a case may present. This level of detail is often the area that wins us the appeal and sets us apart from other planning consultants.
Our fee quoted for the appeal would be a genuine maximum, in other words the final invoice may be for less, but there will be no hidden extras.
There are a few variations of planning appeal and the type of appeal we recommend will relate to the kind of planning application that was made- The most common being a written representation appeal. A not often known fact is that a planning appeal can also be made against any part of the conditions imposed of the planning permission.
• Written representations
• Hearings
• Public inquiries
Written representations
This is the fastest and often cheapest way to appeal a planning decision. The Planning Inspectorate (an independent Government body) look at the submitted planning appeal and make an independent decision outside of the Councils influence or pressure.
This method is suited to smaller scale development such as house extensions, changes of use or appeals against planning conditions. This appeal procedure has been used as the ‘fast track’ householder appeal service since January 2008.
Costs awards are available for all written representation appeals.
Hearings
Hearings take longer than written representation, but they allow all parties to present their case informally to an inspector, who leads a discussion on the appeal issues.
Hearings are suited to more complicated cases that require detailed discussion about the merits of the proposal.
Again, cost awards are possible for planning appeals dealt with by a hearing.
Public Inquiries
The most formal method of planning appeals is Public inquiries. These are used for larger, more complex cases and can take several months because the inspector hears evidence from witnesses, often cross-examined by other parties’ legal representatives.
Public inquiries are suited to more controversial cases where there has been a lot of public opposition.
Costs awards can be available for any appeal.
Our fees to handle every stage of your case would typically include:
• A site visit by our lead planner dealing with the case and a detailed consultation with you.
• All necessary liaisons with your Council and the Planning Inspectorate.
• All necessary research, including Council and Government policies and other decisions which may be relevant to your case.
• Preparation and submission of all documentation.
• Presentation of your case, either by a full supporting statement, or orally at a hearing or public enquiry if required. Using professional planning arguments, our presentation would answer the type of questions the Planning Inspector may have; challenge the Council’s assumptions and set out in detail why their decision should be overturned.
• We will always suggest the best type of appeal based on your situation.
If you are issued with a Planning Enforcement Notice, you will be given; the details of the breach the reason for the notice, the steps required to deal with the issue, and the time line in which you must comply.
Planning enforcement cases can range from relatively small domestic building matters to very large commercial building schemes with vast amounts of investment at stake.
It can be a very testing time, so it’s important to have the services of expert planning professionals on hand to help you deal with any difficulties. After all, if you fail to act on an Enforcement Notice or a Breach of Condition Notice, you could face a criminal conviction and a hefty fine.
As the below chart shows, an appeal timeline will vary depending on the kind of planning appeal submitted. A written representation householder planning appeal typically can take up to 22 weeks.
There are no charges by the Planning Inspectorate to submit a planning appeal. Our fees are decided on a case by case basis and will be included within our free proposal. As every case is different, we always will give an honest view on the chances of success and suggest the best way forward.
S78 planning appeals
S78 planning appeals
S78 planning appeals
Householder appeals
Written Reps
Hearings
Inquiries
Written Reps
24
50
41*
22
23
43
41*
21
