Top 10 Tips when considering Appealing a Planning Refusal

There’s nothing more frustrating than having an application refused. If that’s the situation you’ve found yourself in, we’ve produced an eBook…Appeals covering the basics of what you need to know if you are thinking of appealing a planning refusal.  Such as your right of appeal, appeal types and processes, what you need to submit, who makes the decision, the likely costs and what to do in the event of a disagreement with a decision.

We’ve also put 10 top tips for what to do next if you’ve found yourself with a refused application…

  1. Engage with your local planning authority regarding alternative development to potentially avoid a planning appeal – you may even qualify for a ‘free go’ i.e. not have to pay another planning application fee to the Council.
  2. If you decide to progress a planning appeal, be aware of what evidence you or the Council have to support both sides of the argument.
  3. Be aware of the planning policies relevant to your site, these will be critical when forming your planning case for an appeal.
  4. Read the officer’s report about your proposal and focus on the reason you’re appealing i.e. condition or refusal of permission.
  5. Look for similar appeals which could support your case (via the Appeal Casework Portal or via an internet search).
  6. Be realistic in any application for costs, just because you disagree with the planning outcome doesn’t mean the Council have been unreasonable. Be aware of the potential for an award of costs against you, although rare this can happen.
  7. Be aware of any additional costs such as technical report costs, s106, CIL etc.
  8. Collate any supporting documents and have plans, form etc. completed and ready to submit.
  9. Your grounds of appeal must fully disclose your case through full representations and any supporting evidence. The grounds of appeal must be concise, clear and comprehensive.
  10. Importantly, be aware of both the process and potential timescales and importantly deadlines associated with the planning appeal.

Whilst planning appeals are free to submit, they cause delays, are time consuming and could incur additional costs. Engage with your local planning authority regarding alternative development to potentially avoid a planning appeal. Could your plans be amended to something which the Council (and you) would be happy with, if so this could save a lot of time and uncertainty.

We hope this has been helpful if you are thinking of appealing a planning refusal, but if you still need a little more help please don’t hesitate to get in touch.

Related Content

Should you receive a refusal for your planning proposals knowing your options is important, don’t worry…we’ve covered this in an eBook about Appeals.

Knowing your options should you find yourself in a situation where your planning application has been refused, or there are conditions attached to your planning approval which you don’t think are reasonable will allow you to make informed decisions on how to proceed. Take a look at our article Know your Options if your Planning Application is Refused.

If you need a Town Planner to help unravelling the red tape of the town planning system – that’s our speciality so feel free to CONTACT US.