How To Appeal A Planning Decision

Navigating the planning application process in the UK can be challenging, especially if your application is refused. Understanding that you have the right to appeal for Planning Decision is crucial.

An appeal allows you to contest a planning decision if you believe it was incorrect or unfair. This process involves several steps and requires careful preparation.

Firstly, it’s essential to grasp how planning decisions are made. Local planning authorities base their decisions on national and local policies, the impact on the community, and the views of local residents. When a decision is made, reasons for refusal are outlined in a notice.

Appealing a planning decision involves more than just disagreeing with the outcome. It requires a thorough review of the refusal notice, collection of supporting evidence, and presentation of a compelling argument.

In this guide, we’ll explore the appeal process, from understanding the reasons for refusal to preparing and submitting your appeal effectively.

Whether you’re appealing a decision on a home extension or a new development, this article will provide you with the essential knowledge to navigate the appeal process confidently.

Understanding Planning Decisions

Planning decisions in the UK are made by local planning authorities. These authorities assess planning applications based on various criteria. The decision-making process involves several steps. Firstly, the application is reviewed against national and local planning policies. Local authorities use these policies to ensure that developments align with broader goals, such as sustainability and community needs.

Additionally, the impact of the proposed development on the local environment and infrastructure is considered. Public consultations are often held, allowing local residents to express their views. These opinions can influence the final decision. Furthermore, the application is assessed for compliance with legal requirements and guidelines.

The entire process is designed to ensure that planning decisions support the development of thriving and balanced communities. Consequently, understanding how these decisions are made can help applicants address any concerns and improve their chances of approval.

Key Factors Influencing Planning Decisions

Several factors influence planning decisions in the UK. These factors include:

• Planning Policies: Local and national policies provide a framework for evaluating applications. Adherence to these policies is crucial for approval.
• Environmental Impact: The potential effects on the environment are carefully assessed. This includes considerations for green spaces, wildlife, and pollution.
• Local Infrastructure: The impact on existing infrastructure, such as roads and utilities, is reviewed. Authorities ensure that new developments do not strain local resources.
• Public Opinion: Feedback from local residents can significantly affect the decision. Public objections or support may sway the outcome.
• Design and Appearance: The visual impact and design of the proposed development are also considered. The proposal must blend with the surrounding area and enhance the local character.

By understanding these key factors, applicants can better address potential concerns and strengthen their planning applications.

Why do planning applications get refused?

Planning applications in the UK can face refusal for various reasons. Understanding these common grounds can help you address potential issues and improve your chances of success. Here are some frequent reasons for refusal:

• Policy Conflicts: Authorities often reject proposals that do not meet local or national planning policies. You need to ensure your project aligns with these guidelines to avoid rejection.
• Overlooking and Loss of Privacy: If your development overlooks neighbouring homes and invades their privacy, the local planning authority might refuse it. Design your project to respect the privacy of nearby residents.
• Design and Appearance Issues: If the design of your building clashes with the character of existing properties, planners may reject it. Make sure your design complements the surrounding area.
• Overdevelopment: Authorities often reject applications that lead to overdevelopment. Ensure your project adheres to local density guidelines to prevent overcrowding.
• Highway Safety: If your proposal affects highway safety, such as by causing inadequate parking or access issues, the planning authority may refuse it. Include sufficient parking and ensure safe traffic flow in your plans.
• Use of Hazardous Materials: If your project involves hazardous materials, planners might reject it due to safety concerns. Opt for safe, non-hazardous materials to comply with safety regulations.
• Impact on Trees: Developments that damage protected trees or green spaces can face refusal. Incorporate measures to protect local greenery and biodiversity in your design.

Others include:

• Restricts Road Access: Applications that restrict road access or create traffic congestion often face refusal. Ensure your development maintains adequate access and does not disrupt traffic flow.
• Negative Effect on Nature Conservation: If your project threatens local nature conservation efforts or habitats, it may get rejected. Design your project with consideration for wildlife and natural areas.
• Listed Buildings: Developments affecting listed buildings may face refusal. Follow guidelines closely to preserve the historic or architectural value of listed properties.

If you receive a refusal, the decision notice will specify the reasons. This notice will help you understand why your application was not approved and guide you in addressing these issues if you choose to appeal.

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. Accordingly send them back to them and then they approve the 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.

– Yoop Architects

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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. Apparently 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

When Can I Appeal a Planning Decision?

In the UK, you can appeal a planning decision if your application gets refused by the local planning authority. However, timing plays a crucial role in this process. You must submit your appeal within 12 weeks from the date on the decision notice.

Here’s what you need to know:

• 12-Week Deadline: You must start the appeal process within 12 weeks of the decision notice date. Consequently, it is vital to mark this date clearly on your calendar. Missing this deadline will prevent you from making an appeal.
• Decision Notice: The decision notice provides the reasons for the refusal and the deadline for your appeal. Therefore, review this notice carefully. It will help you understand the specific issues you need to address.
• Preparing Your Appeal: Begin preparing your appeal immediately after receiving the decision notice. Collect all necessary documents and evidence to support your case. Being well-organised will strengthen your appeal and help you present a convincing argument.
• Consultation: Seek advice from a planning expert or solicitor if needed. They can offer valuable insights and assist you in crafting a robust appeal.

By adhering to the 12-week deadline and preparing thoroughly, you maximise your chances of overturning the decision. Therefore, take prompt action and ensure that you address all issues raised in the decision notice.

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

After planning decision, 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.

Tips for a Successful Appeal

Successfully appealing a planning decision demands careful preparation and strategic action.

Here’s how you can strengthen your appeal:

Importance of Clear and Concise Arguments

Clearly and concisely present your arguments in the appeal. Address the specific reasons for the refusal outlined in the decision notice directly. Explain why these reasons are incorrect or insufficient.

Use straightforward language and avoid jargon. Organise your arguments logically to ensure they are easy to follow.

By presenting a clear case, you make it easier for decision-makers to understand and consider your points. This approach significantly improves your chances of overturning the refusal.

Highlighting Any Changes or New Evidence

Clearly highlight any changes you’ve made to the original application or any new evidence you’ve gathered. For example, if you have revised the design or provided additional supporting documents, make sure to showcase these updates in your appeal.

Demonstrating how you’ve addressed the concerns raised in the refusal strengthens your case.

Additionally, new evidence that supports your proposal can reinforce your arguments. Ensure that all new information is relevant and clearly linked to the issues raised in the refusal.

Ensuring Compliance with All Procedural Requirements

Follow all procedural requirements closely. Review the appeal guidelines provided by the local planning authority or the Planning Inspectorate. Submit all necessary forms and documents within the specified deadlines.

Pay attention to additional requirements, such as public consultations or supporting statements.

By adhering to all procedural rules, you avoid delays and potential rejections based on technicalities. This thorough approach shows your commitment to the process and maintains the credibility of your appeal.

Applying these tips—clearly presenting arguments, highlighting changes or new evidence, and ensuring compliance with all procedural requirements—greatly enhances your chances of a successful appeal.

Therefore, prepare meticulously and address all aspects of the planning refusal to improve your likelihood of success.

The Firm And Its Way Of Helping on Planning Decision

Having wide experience with planning applications and appeals, Yoop Architects offers the following services: 

Professional Recommendations on Land Use: Assessment of your refusal along with tailor-made opportunities to address the obstruction.

Advice on Resubmission: Alteration of your application to better its chances of being approved.

Planning for Appeal: Gathering sufficient evidence and documentation for the appeal.

Acting as Intermediaries Between You and the Planning Authorities: Speaking to the local council and the Planning Inspectorate on your behalf.

Final Thought

Even when there is a planning refusal, it does not always mean that it is, and can there be an end to your scheme? A carefully prepared appeal can turn around a rejection to an approval with the right strategy. Understanding why your application got refused and working alongside the right kind of experienced people can multiply your success rate.

Should you wish to contact Yoop Architects regarding any planning refusal options available to you, we shall speak to you about your specific case of appeal. Let us assist in making your vision a reality!