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How To Appeal A Planning Decision

Why do planning applications get refused?

Some common examples of why planning permission may get refused include:

  • Your build overlooks other homes, causing loss of privacy
  • Your builds appearance is out of character with the existing property
  • Overdevelopment
  • It impacts on highway safety
  • Use of hazardous materials
  • Impact upon trees
  • Restricts road access
  • Negative effect on nature conservation
  • Your property is a listed building

If your request for planning permission has been refused then the reason for refusal will be in your decision notice.

 

How can I prevent a planning application from being refused?

At Yoop Architects, at the final stage of the eight week decision process, we try and touch base with the case officer. Sometimes this can be quite difficult but that’s why we build good relationships with the local planning authorities. If it’s a very minor thing – something like an objection or the case officer might say, ‘We’d like some obscure glazing on a side window’ or ‘Can we bring in the wall 300 millimeters?’ then usually we get the opportunity to tweak the drawings, send them back to them and then they approve them.

If you disagree with the council’s decision and the way they’ve interpreted their guidance and policy, then you can appeal the decision. There’s no fee for appealing.

Appealing a planning decision

If you disagree with the council’s decision and the way they’ve interpreted their guidance and policy, then you can appeal the decision. There’s no fee for appealing.

Only the person that applied for the planning permission can submit an appeal to the Planning Inspectorate. The Inspector (who is independent of the local authority and the applicant) will then look again at the case and can either agree with or overturn the local council’s decision.

Anyone can challenge a planning decision in the courts if they have evidence that the planning decision was not made following the proper procedures. A court challenge can be very complex, lengthy and costly and shouldn’t be undertaken without legal advice.

 

What can I appeal against?

You can only appeal against a decision if the LPA:

  • refuses your application
  • grants permission but with conditions you object to
  • refuses to change or remove a condition of planning permission that has been granted with conditions
  • refuses to approve something reserved under an ‘outline permission’ – planning permission for a general idea, not of a specific plan
  • refuses to approve something that you were told to build by your LPA as part of a previous planning permission, ie the previous planning permission was granted ‘with conditions’ and the current development was one of the conditions
  • does not make a decision on the application within the deadline and doesn’t get your written consent to change the deadline
  • serves you with an enforcement notice because it thinks you have broken planning permission and you don’t agree
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When can I appeal a planning decision?

You must appeal within 12 weeks of the date on the decision notice from your local planning authority.

 

How to appeal a planning decision?

Go to https://www.gov.uk/appeal-planning-inspectorate to submit your appeal.

You also need to send a copy of your appeal, including all supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit copies of:

  • your original application
  • the site ownership certificate
  • the local planning authority’s decision notice
  • your appeal, if you’re appealing by post

You’ll also need to submit any other documents that directly support your appeal.

You can upload these documents when you appeal online or post them to the Planning Inspectorate.

The Planning Inspectorate 
Room 3 O/P 
Temple Quay House 
2 The Square 
Temple Quay 
Bristol 

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After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. Then they’ll tell you what happens next and how long your appeal may take.

 

How long does the appeal process usually take?

Appeal decisions usually takes about 15 weeks by the householder application appeal process.

 

If you have any questions about the planning application process or would like to speak to an architect who can help you source and liaise with a local planner, go ahead and book a free call below with Yoop.

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