How to Appeal Against Denied Planning Permission: A Comprehensive Guide

An appeal against planning permission is a formal objection to a planning decision made by a local authority. This can be done by an individual, group, or organization who believes that the decision is flawed or unreasonable.

There are a number of reasons why someone might want to appeal against planning permission. For example, they may believe that the development will have a negative impact on their property, the environment, or the local community. They may also believe that the planning process was not followed correctly, or that the decision was based on incorrect information.

If you are considering appealing against planning permission, it is important to seek professional advice as soon as possible. An experienced planning consultant or solicitor can help you to understand your rights and the process involved in making an appeal.

1. Grounds for appeal

The grounds for appeal are the reasons why you are appealing against a planning decision. They can be anything that you believe makes the decision flawed or unreasonable. For example, you may believe that the development will have a negative impact on your property, the environment, or the local community. You may also believe that the planning process was not followed correctly, or that the decision was based on incorrect information.

It is important to set out your grounds for appeal clearly and concisely in your appeal statement. You should also provide evidence to support your claims. This could include photographs, plans, and witness statements.

The grounds for appeal are an essential part of the appeal process. They allow the Planning Inspectorate to understand why you are unhappy with the planning decision and what you believe should be done instead.

2. Time limits

Time limits are an essential part of the planning appeals process. They ensure that appeals are dealt with in a timely manner and that the planning system operates efficiently.

The most important time limit to be aware of is the six-week time limit for submitting an appeal. This time limit starts from the date of the planning decision. If you miss this deadline, you will not be able to appeal unless you can demonstrate that there are exceptional circumstances.

There are also time limits for other stages of the appeals process, such as the time limit for submitting a statement of case and the time limit for requesting a hearing. It is important to be aware of these time limits and to comply with them.

If you are unsure about any of the time limits involved in the planning appeals process, you should seek professional advice.

3. Evidence

Evidence is an essential part of any planning appeal. It allows you to support your claims and to demonstrate to the Planning Inspectorate why you believe the planning decision should be overturned. There are a number of different types of evidence that you can submit, including:

• Photographs
• Plans
• Witness statements
• Expert reports

The type of evidence that you need will depend on the grounds of your appeal. For example, if you are appealing on the grounds that the development will have a negative impact on your property, you could submit photographs of your property and the proposed development. If you are appealing on the grounds that the planning process was not followed correctly, you could submit a witness statement from someone who was involved in the process.

It is important to provide as much evidence as possible to support your appeal. The more evidence you can provide, the more likely you are to be successful.

However, it is also important to ensure that the evidence you submit is relevant and reliable. The Planning Inspectorate will not be interested in evidence that is not relevant to your appeal or that is not credible.

If you are unsure about what evidence to submit, you should seek professional advice. A planning consultant or solicitor can help you to gather the evidence you need and to present it in a way that is likely to be successful.

FAQs

If you are unhappy with a planning decision made by your local authority, you can appeal against it. Here are some frequently asked questions about how to do this:

Question 1: What are the grounds for appeal?

The grounds for appeal can be anything that you believe makes the planning decision flawed or unreasonable. For example, you may believe that the development will have a negative impact on your property, the environment, or the local community. You may also believe that the planning process was not followed correctly, or that the decision was based on incorrect information.

Question 2: What are the time limits for appealing?

You must submit your appeal within six weeks of the date of the planning decision. If you miss this deadline, you will not be able to appeal unless you can demonstrate that there are exceptional circumstances.

Question 3: What evidence do I need to provide?

You should provide as much evidence as possible to support your appeal. This could include photographs, plans, witness statements, and expert reports.

Question 4: What happens after I submit my appeal?

Once you have submitted your appeal, the Planning Inspectorate will consider your case and decide whether to allow or dismiss your appeal. If your appeal is allowed, the planning decision will be overturned.

Question 5: What are my chances of success?

The chances of success will vary depending on the strength of your case. However, it is important to remember that even if your appeal is dismissed, you may still be able to negotiate with the developer to mitigate the impact of the development on your property.

Question 6: Can I appeal against a planning decision even if it has already been implemented?

Yes, you can still appeal against a planning decision even if it has already been implemented. However, it is important to note that the Planning Inspectorate may be less likely to overturn a decision that has already been implemented.

Tips on How to Appeal Against Planning Permission

If you are unhappy with a planning decision made by your local authority, you can appeal against it. Here are five tips to help you increase your chances of success:

Tip 1: Submit your appeal on time.
The time limit for submitting an appeal is six weeks from the date of the planning decision. If you miss this deadline, you will not be able to appeal unless you can demonstrate that there are exceptional circumstances.Tip 2: Set out your grounds for appeal clearly and concisely.
The grounds for appeal are the reasons why you are appealing against the planning decision. They can be anything that you believe makes the decision flawed or unreasonable. For example, you may believe that the development will have a negative impact on your property, the environment, or the local community. You may also believe that the planning process was not followed correctly, or that the decision was based on incorrect information.Tip 3: Provide evidence to support your appeal.
The more evidence you can provide to support your appeal, the more likely you are to be successful. This could include photographs, plans, witness statements, and expert reports.Tip 4: Consider seeking professional advice.
If you are unsure about any aspect of the planning appeals process, you should consider seeking professional advice. A planning consultant or solicitor can help you to gather the evidence you need and to present your case in a way that is likely to be successful.Tip 5: Be prepared to negotiate.
Even if your appeal is successful, you may still be able to negotiate with the developer to mitigate the impact of the development on your property. This could involve, for example, agreeing to a smaller development or to changes in the design of the development.

Closing Remarks on Appealing Planning Decisions

Appealing a planning decision can be a complex and challenging process, but it is important to remember that you have the right to challenge a decision that you believe is flawed or unreasonable. By following the tips outlined in this article, you can increase your chances of success.

If you are unhappy with a planning decision, it is important to act quickly. You must submit your appeal within six weeks of the date of the decision. You should also seek professional advice as soon as possible. A planning consultant or solicitor can help you to gather the evidence you need and to present your case in a way that is likely to be successful.

Appealing a planning decision can be a long and difficult process, but it is important to remember that you are not alone. There are many people and organizations who can help you to fight for your rights.