planning appeals london

Planning Appeals

If your planning application has been refused or if you have been served a planning enforcement notice, under planning law you have the right to a planning appeal against the council’s decision. You have 12 weeks to appeal a householder application refusal and 6 months to appeal in other cases. Due to our local authority planning experience, we have direct knowledge in relation to how the appeal process works and are able to provide you with advice on the best method to take your case forward.

We normally recommend trying to resolve the situation with the Local Authority directly, however, in some cases there is a fundamental difference in opinion in relation to a development proposal, what the local authority are requesting is unviable or it may be a simple fact that the planning authority have been unreasonable with their decision. If appealing is considered to be the best option RPR Planning can provide you with excellent written representation and guide you through the planning appeal process and provide professional advice.

Planning appeals are dealt with by the Planning Inspectorate, an independent government body and can result in a planning refusal being overturned and planning permission granted. The Planning Inspectorate is completely independent to your local Borough Council and has the power to disregard local planning policies, if they do not agree that they are relevant in a particular planning application. On average, around 35% of planning appeals are successful and are granted planning permission, however, in more recent times with the government’s criticism of the bureaucratic planning system and proposed changes to the Permitted Development guidlines there has been a shift in the appeal climate with more and more appeals being allowed.

There are three methods to appeal a planning refusal:

1. Written Representations: In the majority of cases this is carried out via the written representations procedure where both the appellant and the Local Authority submit written evidence to the Planning Inspectorate to be assessed by an independent Inspector. This procedure can take between 4-6 months; however, the fast track process can result in your appeal decision being issued in 3 months.

2. Oral Hearing: In some cases applications can be quite complex to portray via a written statement and a public hearing can often be quite advantageous. This hearing would include representatives from the council, the appellant’s side (planning consultant etc.), the Planning Inspector and members of the public if they have made representations.

3. Public Inquiry: This option is normally reserved for larger scale developments and involves a formal court proceeding between all relevant parties, including the council, the applicant and the Planning Inspector. Depending on the scale of the proposal, specialist legal representatives may be required.

If your application has been refused or if you have been served enforcement on your property, please call us for a free consultation to discuss your appeal options.
Download a sample of one of our successful appeal statements here.   

We specialise in Planning Appeals, London being our main area of experience. So come and see what we can do for you.