PLANNING APPEALS

What is a planning appeal?

If your local council refuses your planning application, it can seem like a lot of time and money wasted. While some applicants walk away at this stage, we can show you why you don't need to be one of them.

The most common type of planning appeal is an appeal against the refusal of planning permission, but appeals can be made in various other circumstances, for example:

Where an application is granted subject to conditions which you consider to be unreasonable,
Where the application is not decided within the time allowed - 8 weeks from receipt of the application (minor applications) and for the discharge of planning conditions, 13 weeks for major applications, or 16 weeks in the case of applications requiring environmental assessments,
Where the council rejects details of a proposal, following grant of outline permission or as a requirement of a condition,
Where you believe that the council is demanding more information relating to an outline application than is appropriate,
Where there is a dispute between you and the council as to whether sufficient information has been supplied to register and determine a planning application.

Who deals with a planning appeal?

Only the person who made the application can appeal. If you did not apply, you can comment on an appeal instead. Planning appeals in England and Wales are decided by the Planning Inspectorate, a central government agency based in Bristol. An independent inspector is appointed to consider your case and make a decision; appeal inspectors are entirely independent of your local council and will reach their own decision, and are in no way biased towards the council or your neighbours or any other third parties.

'A planning refusal does not need to mean the end of the road... our planning consultants can talk you through all the options available to you'

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How is a planning appeal dealt with?

The method of appeal in the majority of cases is carried out through the 'written representations' method. This is the simplest way of presenting a case to an inspector. In this situation, there is no face to face contact with your inspector, and a decision will be made solely on the information provided to them, through application documents, and appeal statements. This means that evidence will not be cross examined between parties, and there is not normally the opportunity to clarify points, or answer questions from the inspector. The other methods are hearings and public enquiries.

Is an appeal the only option?

No, not necessarily. Normally after a refusal of planning permission the case officer who has dealt with the application will be willing to discuss the issues with you as the applicant. It is often possible to amend a proposal to overcome the objections to it, e.g. reducing a building’s size or moving it away from a neighbour who would otherwise be adversely affected. We can be the point of contact with the council on your behalf.

How can Pyramid Planning help?

We can work with you to successfully appeal a planning permission refusal. We will work on preparing an appeal statement to evidence why the planning application should be approved, robustly challenging the opinion of your local council.