Receiving a planning refusal can be disappointing and frustrating, especially after putting in time, effort, and resources to prepare your application. However, it is not the end of the road. In England, you have the right to appeal a planning refusal if you believe the decision was unjustified. Appealing a planning refusal can be a complex process, and understanding the dos and don’ts is essential to increasing your chances of success.
In this article, we will guide you through the steps to follow when appealing a planning refusal in England, along with key dos and don’ts to keep in mind. Whether you’re an individual homeowner or a property developer, taking the right approach could make all the difference.
Dos of Appealing a Planning Refusal
Do Understand the Reason for Refusal
Before appealing, carefully read the planning refusal notice to understand the council’s reasoning. Planning authorities provide a detailed explanation of why your application was refused. Common reasons include failure to meet local planning policies, concerns about the design’s impact on the surrounding area, or issues with highways or parking.
Understanding the reasons for refusal is crucial. It will help you address these concerns directly in your appeal and strengthen your case.
Do Appeal Within the Correct Timeframe
In England, you have 6 months (or 12 weeks if it’s a householder or small scale commercial development) from the date of the planning decision notice to submit your appeal. Missing this deadline can result in the appeal being dismissed. Ensure that you check the refusal notice for the exact deadline and make sure your appeal is submitted on time.
Do Gather Supporting Evidence
A successful planning appeal requires strong supporting evidence. This may include photographs, planning policy documents, previous appeal decisions, expert reports, or even legal opinions. If the refusal was based on concerns about the impact of your proposal on the local area, it may be helpful to provide visualisations that address these concerns.
Do Consult with a Town Planner or Planning Consultant
Appealing a planning refusal can be complex, particularly if you are unfamiliar with planning laws and policies. Engaging a qualified town planner or planning consultant can provide valuable expertise in formulating your appeal. They can guide you in understanding local planning policies, identifying weaknesses in your original application, and presenting a well-structured case.
An experienced planning consultant will also be familiar with the appeal process, increasing your chances of submitting a successful appeal.
Do Focus on Key Planning Policies
When making your appeal, it is important to frame your case within the context of key planning policies. These policies outline the criteria that local planning authorities must follow when considering development applications. Your appeal should demonstrate how your proposal aligns with national and local planning policies, such as the National Planning Policy Framework (NPPF), local development plans, and supplementary planning documents.
Focusing on relevant policies helps make a clear and compelling case for why your proposal should be approved.
There are cases where a proposal may not adhere to planning policy, however if there are material planning considerations which outweigh policy this must be presented in a compelling way.
Do Prepare for a Public Inquiry or Hearing (If Required)
In some cases, a planning appeal may be decided through a public inquiry or hearing. These proceedings are formal events where both parties can present evidence and arguments. If your appeal goes to a public inquiry or hearing, it is essential to prepare thoroughly.
You may need to prepare presentations, witness statements, and cross-examine other parties. If you’re unsure about how to navigate this process, seeking legal or professional assistance can help you feel confident and adequately prepared. Most appeals are dealt with by written representation which is the easiest and quickest process.
Don’ts of Appealing a Planning Refusal
Don’t Ignore Local Planning Policies
One of the biggest mistakes you can make when appealing a planning refusal is to ignore or underestimate the importance of local planning policies. Planning authorities will consider your application against the framework of both national and local policies. If your appeal does not address these policies or fails to show how your proposal aligns with them, your chances of success will be significantly reduced.
Ensure that you carefully review and address relevant local policies in your appeal, demonstrating how your development complies with the council’s guidelines.
Don’t Disregard Local Residents’ Concerns
Planning authorities often take into account the views of local residents and stakeholders when making decisions. If your planning refusal was based on objections from local residents, it is essential to take these concerns seriously when preparing your appeal.
Try to address residents’ concerns in your appeal there maybe potential to offer mitigating measures, such as inserting obscure glazing, providing additional landscaping, or adding noise barriers. Showing that you’ve considered and acted upon these concerns can help improve your appeal’s prospects.
Don’t Rush the Appeal Process
While it is important to submit your appeal within the required timeframe, it is equally important to take your time to prepare a well-thought-out case. Rushing the process can lead to missing key information, submitting incomplete evidence, or overlooking important policies. A rushed appeal is unlikely to be successful.
Take the time to carefully review all the necessary documentation, ensure that your evidence is strong, and consider seeking professional advice before submitting your appeal.
Don’t Disregard the Potential Costs
Appealing a planning refusal can incur costs, including professional consultation fees, and possible legal fees. Be sure to carefully evaluate the costs involved before proceeding with the appeal. There could also be costs incurred should an application for costs is applied for by the other party.
If you are unsure about the financial aspects of the appeal, it may be worth consulting with a town planner or planning consultant to assess whether the potential benefits outweigh the costs.
Conclusion
Appealing a planning refusal can be a challenging but rewarding process if approached with the right strategy. By understanding the reasons for the refusal, gathering supporting evidence, consulting professionals, and addressing local planning policies, you can strengthen your appeal and improve the chances of success.
However, it is important to avoid common mistakes, such as disregarding local policies, not justifying any material planning considerations, and ignoring residents’ concerns. In complex cases, seeking the expertise of a qualified town planner or planning consultant is often a worthwhile investment to ensure that your appeal is well-prepared and presented.
By following the steps outlined in this guide and avoiding the pitfalls, you can navigate the planning appeal process with confidence and increase the likelihood of a positive outcome for your development.
Related content:
You might find the following articles helpful:
- When planning permission goes wrong – a guide to lodging a successful appeal
- Know your options if your planning application is refused
- Securing planning permission for a site which has been refused planning permission
- How to overcome the top 10 reasons for refusing a planning application
- Top 10 tips when considering appealing a planning refusal
More information for you is available in our series of eBooks and Practical Guides which cover everything from the very basics of town planning to application processes and what developers need to consider. If you’re not sure if you need help from a Town Planner take a look at blog on When to Hire a Town Planner our download a Guide on How to Choose a Town Planner.
