Not all planning applications will be approved by the local planning authority. Between January and March 2022, 87% of the 109,900 submitted planning applications in England were approved, and 13% were refused. Fortunately, if you have a planning application that has been refused, it is not the end of the line.
An appeal may be submitted in one of three circumstances:
- If the application is currently under consideration but hasn’t been decided by the determination deadline (8 weeks for a minor application or 13 weeks for a major application) unless an extension of time between the applicant / agent and the local planning authority has been agreed.
- You disagree with the decision made by the local planning authority on an application
- You disagree with the conditions imposed on the permission of an approved application
Only the applicant or appointed agent may make an appeal against a planning application. There are no third-party rights associated with planning appeals, meaning that members of the public or any other body cannot appeal against an application if they disagree with the decision.
Following the refusal of a planning application, the applicant has 3 main options.
- Accept the decision and take no further action
- Revise the scheme, addressing the reasons for refusal and submit a new planning application
- Appeal the decision made by the local planning authority
In many cases, we would recommend pursuing option 2 as in a lot of circumstances, the decision made by the local planning authority is justifiable and would likely not be overturned at appeal. In addition, preparing and submitting a revised scheme is usually more time and cost effective than appealing. Reasons for refusal can often be addressed through tweaking the scheme.
In other cases, there may be an argument that the local planning authority have erred in their determination of a planning application but are not willing to change their stance should a new application be submitted. If this is the case, we would recommend submitting an appeal.
There is a time limit to make an appeal following the determination of an application. The time limit depends on the type of application and the circumstances. A list of the most relevant time limits is provided below.
- Householder planning application – 12 weeks
- Listed building consent applications – 6 months
- Other types of planning applications – 6 months
Planning appeals are administered and undertaken by the Planning Inspectorate, which is independent of the local planning authority. The appeal process lets the Planning Inspectorate consider all the material planning considerations that are relevant to the case.
There are three types of planning appeal, each of which takes a different time to reach a determination and will cost differing amounts. A summary of the three types of appeal are taken in turn below.
Written Representations are the easiest, most common, and most cost and time effective type of appeal. The appeal is based on written representations from the applicant/agent in support of the proposal, from the local planning authority against the proposal, statutory and non-statutory consultees who may be consulted, and also from the public and interested parties. This type of appeal has an average turnaround time of 24 weeks.
Hearings similarly allow the main parties to submit written representations however the process will involve an informal hearing before the Inspector. A hearing will involve discussions between the appellant, the local planning authority and any other interested parties in a round-the-table discussion which will usually end with a site visit. The Inspector will then consider all written representations, what has been discussed, and will provide a written decision several weeks after the hearing. This type of appeal has an average turnaround time of 40 weeks.
Local Inquiries are in most cases the longest and least cost-effective type of appeal, and are usually for larger, more complex cases. Various documents will be prepared and submitted to the Inspector prior to the inquiry, including statements of cases and proofs of evidence from expert witnesses. Third parties may also submit comments and may attend the Inquiry. At the Inquiry, all parties will have the opportunity to present their case, and witnesses are likely to be questioned by the Inspector and the other parties as to the evidence they have presented. Depending on the complexity of the appeal, the Inquiry may take several days or even weeks. At some point during the Inquiry, the Inspector and main parties will undertake a site visit. A written decision will be made by the Inspector within several weeks of the Inquiry. This type of appeal has an average turnaround time of 53 weeks.
As of August 2022, the Planning Inspectorate in England has made 17,259 appeal decisions within the last 12 months, of which 16,169 were Written Representations, 635 were hearings and 455 were Local Inquiries.
Squires Planning have a range of experience in appeals and are able to offer services in submitting and managing appeals on behalf of appellants including preparing written representations and speaking at Hearings / Local Inquiries and writing representations on behalf of third parties either in support of or against appeals. We can assist in appeals relating to applications that we have been agents for, and other applications that we have not been previously associated with.
If you are thinking of appealing a planning application or would like advice on whether you should appeal or take another approach, get in touch with Squires Planning and we will be happy to help.
