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Planning Appeal Lawyers

When someone wants to build or change something on their property and planning permission is denied by the local council, they have the right to appeal this decision and explain why their plans should be approved. This ensures fairness and allows for reconsideration of decisions that might have been too strict or incorrect.

At Lawhive, our network of experienced property lawyers understands the rules and processes involved and will present the best case for your appeal. We guide you through every step, from understanding why your application was refused to gathering evidence and representing you during the appeal process.

If you need help with a planning appeal, contact us for a free case evaluation and a no-obligation quote for the services of a specialist lawyer.

What is a planning appeal?

A planning appeal is a process that allows you to challenge a decision made by your local planning authority about a planning application. In particular, if you disagree with certain conditions that were attached to the approval or if planning permission was denied outright.

When can you lodge a planning appeal?

You can lodge a planning appeal:

• If your local planning authority denies your planning application and you think it goes against the LPA's development plan or policy;
• If you believe the conditions attached to the planning permission you've received are unreasonable or overly restrictive;
• If your local planning authority doesn't decide on your planning application within the statutory period (usually eight weeks for a standard application).

For major projects, 13 weeks must pass for you to be able to appeal.

What is involved in a planning appeal?

Written representations

Written representations are the simplest and quickest method of appealing a planning decision. This involves submitting written statements and documents to an inspector who will review the case without holding a hearing.

It is best suited for straightforward cases where the issues can be clearly explained through written evidence. This method is less formal and often results in a faster decision compared to other types of appeals.

Informal hearings

Informal hearings involve a more detailed process where the appellant and the local planning authority present their cases to an inspector in a structured discussion.

This type of appeal is suitable for cases that are more complex than those handled through written representations but do not require the full formality of a public inquiry.

During an informal hearing, both parties can discuss the issues in person, answer questions from the inspector, and provide additional clarity.

Public Inquiries

Public inquiries are the most formal and complex type of planning appeal. They involve a detailed examination of the case, where both the appellant and the local planning authority present evidence and call witnesses.

The process is similar to a court hearing, with legal representation often involved. They are suitable for very complex cases with significant public interest or when the issues require thorough examination.

In this process, the inspector will hear from various stakeholders, including experts and members of the public, before making a decision.

The Planning Inspectorate will decide on the most appropriate method for dealing with a planning appeal following submission.

What should I consider before appealing a planning decision?

Before deciding to appeal a planning decision, you should look at the strength of your evidence and evaluate whether you have sufficient evidence to counter the reasons for refusal.

If you don't, a revised application may be a quicker, more cost-effective solution than a planning appeal.

How to make a planning appeal

If someone else owns part of the land or property involved in your appeal, you need to tell them before starting your appeal.

If you know the owners, complete the relevant form (annex 2A or 2B) from the planning appeals guidance and send it to them.

If you don’t know the owners, try to find the owners through a registry search, or post a notice at the appeal site asking owners to contact you. Use the relevant form from the planning appeals guidance for this notice.

If you can't find the owners, advertise your appeal in a local newspaper using the form from the planning appeals guidance.

You should also make sure you have all required documents ready before making your appeal which includes an appeal statement, which include:

• Appeal Statement or Statement of Case;
• Your original planning application form;
• The decision letter from the local planning authority;
• All plans, drawings, and documents submitted with your original application;
• The site plan of the appeal site;
• Ownership certificate if it was submitted separately;

If you are requesting a hearing or public inquiry you will also need a Draft Statement of Common Ground. All documents must be readable and contain no redacted text.

How to prepare a strong planning appeal

To prepare a strong planning appeal, you must first understand why your planning application was refused and the specific grounds for your appeal.

Then you should articulate these grounds in a clear, concise manner, explaining why you believe the decision was incorrect or unfair.

You should also gather all necessary documents that support your case, including

• Your original planning application, including all plans, drawings, and documents submitted initially;
• The decision notice;
• Any new evidence that addresses the reasons for refusal. This could include expert reports, photographs, or additional site surveys.

Make sure all documents are well-organised and clearly labeled to make it easy for the inspector to review your case.

Tips for effectively addressing reasons for refusal

You should directly address each reason cited in the refusal notice and provide counterarguments supported by evidence.

For example, if the refusal was based on concerns about traffic impact, include a traffic study that shows minimal impact. If the issue is related to environmental concerns, provide reports or mitigation plans that address these issues comprehensively.

It's also important to engage with stakeholders who might be affected by your appeal and address their concerns in your appeal. This could include neighbors, local businesses, and community groups whose support can strengthen your case significantly.

How long does the planning appeal process take?

The planning appeal process typically takes between 20 and 52 weeks depending on the method of appeal and complexity of the case.

Written representations typically take 20-24 weeks from the start date. While an informal public hearing, often used for more complex cases, usually takes around 24-36 weeks.

The most complex or contentious of planning appeals that warrant a courtroom-style public inquiry can take a year or longer.

How does the Planning Inspectorate review appeals?

The Planning Inspectorate assigns an inspector to review all submitted documents and evidence.

The Inspector considers the appeal based on planning policies, national guidelines, and the specific circumstances of the case.

What costs are involved in making a planning appeal?

In many cases, there is no fee for submitting a planning appeal to the Planning Inspectorate.

However, it is important to consider other potential costs involved including:

• Planning consultant fees
• Solicitors fees
• Architect fees
• Specialist reports and testimonies
• Barrister fees.

If the appeal is contested and either party behaves unreasonably, leading to unnecessary costs, the Planning Inspectorate may order one party to pay the other's costs. This can apply to both appellants and local planning authorities.

What happens during an informal hearing for a planning appeal?

During an informal hearing for a planning appeal, the following usually happens:

1. The Planning Inspector will introduce the hearing, explain the procedure, and outline the key issues to be addressed;
2. Both the appellant and the local planning authority (or their representatives) will make an opening statement;
3. Both the appellant and local planning authority will present their evidence;
4. There will be an open discussion and the Inspector may ask questions;
5. Interested parties who have registered to speak may be allowed to present their views and provide evidence;
6. Both the appellant and local planning authority will provide their closing statement.

It is also possible that before or after the hearing, the Inspector may visit the site to get a better understanding of the context and specific issues related to the appeal.

How does a public inquiry for a planning appeal work?

A public inquiry for a planning appeal is a formal and thorough process designed to rigorously examine the issues at hand. It involves detailed presentations of evidence, cross-examinations, and a site visit, all overseen by an independent Planning Inspector.

In complex cases, a pre-inquiry meeting may also be held to discuss procedural matters, set the agenda, and clarify the issues to be addressed.

After the inquiry, the Inspector reviews all the evidence, testimonies, and submissions before making a decision. This can take several weeks to several months.

Due to the formal and complex nature of a public inquiry, it is advisable to have legal representation. Solicitors and barristers can help present your case effectively and navigate the procedural requirements.

How can a solicitor help with my planning appeal?

Throughout a planning appeal, a specialist property lawyer can provide expert advice on the strength of your appeal and the likelihood of success.

They can also assist in preparing a strong, detailed submission, making sure that all necessary documents are present and correct to make a compelling case to the Planning Inspectorate.

During informal hearings or public inquiries, legal representatives can also advocate for your interests, present your case, cross-examine witnesses, and provide professional support to enhance your chances of a favorable outcome.

Simply put, by engaging a lawyer you can gain a strategic advantage in the planning appeal process, improving your chances of success and ensuring your case is presented in the best possible light.

What should I do if my planning appeal is refused?

If your planning appeal is refused you can:

1. Consider modifying your proposal and submitting a new planning application;
2. Appeal to the High Court.

Challenging the decision in the High Court is known as a statutory review and must be based on a point of law, such as procedural errors or misinterpretation of planning policy.

You must submit your appeal to the High Court within six weeks of the decision. At this point, however, it's crucial to seek legal advice to determine if you have valid grounds for a legal challenge.

How can Lawhive help with planning appeals?

At Lawhive, we provide comprehensive support for planning appeals, offering a range of services to help you through the process.

Your expert property lawyers will start with a thorough case assessment to review the reasons for your planning refusal and assess your case, offering expert advice on the best approach for your appeal, and guiding you through the process.

They also can help prepare and submit all necessary appeal documents, ensuring everything is thorough and well-organised. And of course, represent you during informal hearings and public inquiries should you need it.

Contact us today to schedule a free case evaluation and get a quote for the services of a specialist lawyer to handle your planning appeal.

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