Can I appeal my planning refusal?

Understanding the Planning System

The planning system is complex and involves many gray areas and differing professional opinions. Consequently, both planning policy and the law are open to interpretation.

Therefore, hiring a professional Chartered Planning Consultant is crucial for navigating these complexities. At 4D Planning, we offer our clients expert knowledge and guidance to avoid costly mistakes.

Moreover, clients often come to us after their applications have been refused. In such cases, we can advise whether to appeal the decision or submit a revised application. However, we only take on projects we are confident in appealing or revising. Thus, we review initial documents and provide written advice on the prospects of an appeal.

Additionally, you can appeal a local authority’s decision on a planning application if you disagree with it or if the decision isn’t made within the required timeframe—eight weeks for typical householder developments or 13 weeks for major developments. Appeals are reviewed by the Planning Inspectorate (PINS), an independent government body with no ties to the Council, ensuring an unbiased review.

Furthermore, if a decision isn’t made within the 8-week period, you can appeal for non-determination. This action removes the Local Planning Authority’s right to assess the application, and the Inspectorate will make the final decision.

User’s Guide to Making a Planning Appeal

Sometimes, if your development is too ambitious or if a planning officer made an error, you can prepare a Planning Appeal. For instance, many clients seeking to improve their homes through remodeling, renovation, or extension will need a householder planning application. If refused, options include amending the design to address Council concerns or appealing the decision to the Planning Inspectorate.

In addition, our Chartered Planning Consultants will first assess why your application was rejected. We’ll then advise whether appealing is the best option. If so, we will prepare a strong appeal for your application in London or across the UK.

Costs of Appealing a Planning Decision

Generally, the Planning Inspectorate does not charge for assessing an appeal. However, if the appeal goes to a hearing, additional fees may apply. The Inspectorate operates independently of the local Council, ensuring a neutral and unbiased review of your application.

Procedure for Submitting a Planning Appeal

Once the Planning Inspectorate receives your appeal, they will validate it according to their schedule. After validation, a Planning Inspector will be appointed. Subsequently, you’ll receive a letter with dates and instructions. Typically, a householder application appeal takes up to 8 weeks to determine.

For further assistance with your appeal or planning advice, please get in touch with us.

Appeal Timelines

If you disagree with a decision, you can appeal within 6 months of the notice date from your local planning authority. For householder planning applications, you must appeal within 12 weeks. Moreover, if you’ve received an enforcement notice, you must start the process within 28 days.

Additionally, there are no third-party rights of appeal. Therefore, only applicants or their appointed agents, like 4D Planning, can appeal decisions.

For examples of our successful appeals, click here.

Need Assistance?

If you need help with a refused planning application, get in touch with us. We offer a no-commitment appraisal and quote for preparing a revised application or an appeal. If we believe challenging the refusal is unlikely to succeed, we will inform you in writing.