How to Appeal a Planning Decision in the UK: A Step-by-Step Guide
In the UK, planning decisions are made by local planning authorities (LPAs). If your application for planning permission is refused, or if it’s approved with conditions you disagree with, you can appeal to the Planning Inspectorate. This independent government body reviews the decision and determines whether it should be overturned or upheld.
It’s important to note that only the applicant (the person or organisation that submitted the planning application) can appeal. Third parties, such as neighbours or community groups, cannot appeal a decision unless they were directly involved in the application process.
Before starting an appeal, it’s crucial to understand the grounds on which you can challenge a decision. Common reasons for appealing include:
- The decision is inconsistent with local or national planning policies.
- The LPA failed to properly consider all relevant factors.
- The refusal was based on incorrect or incomplete information.
- The conditions attached to an approval are unreasonable or impractical.
If your appeal is based on one of these grounds, you’ll need to provide evidence to
support your case.
You must submit your appeal within a specific timeframe:
- For householder applications (e.g., extensions or alterations to a home): 12 weeks from the date of the decision.
- For other types of applications: 6 months< from the decision date.
Missing the deadline means you’ll lose your right to appeal, so act quickly.
There are three types of appeal procedures, depending on the complexity of your case:
- Written Representations: The most common and straightforward method. Both you and the LPA submit written evidence, and an inspector makes a decision based on the documents.
- Hearing: A more interactive process where you and the LPA discuss the case with an inspector. This is suitable for moderately complex cases.
- Public Inquiry: A formal procedure involving legal representation, witnesses, and cross-examination. This is typically reserved for large or highly contentious projects.
Your appeal statement is the heart of your case. It should:
- Clearly explain why you believe the decision was wrong.
- Reference relevant planning policies, laws, and precedents.
- Include supporting evidence, such as photographs, maps, or expert reports.
Be concise and focus on the key issues. Avoid emotional arguments, as the inspector
will base their decision on planning merits alone.
You can submit your appeal online via the Planning Inspectorate’s website. You’ll need to provide:
- Your original application details.
- The LPA’s decision notice.
- Your appeal statement and supporting documents.
- The appeal fee (if applicable).
Once your appeal is submitted, the LPA will respond with their own statement. You’ll have the opportunity to comment on their submission, so stay engaged and address any new points they raise.
The time it takes to receive a decision varies depending on the procedure:
- Written representations: Typically 8–12 weeks.
- Hearings: Around 12–16 weeks.
- Public inquiries: 6 months or more.
- The appeal fee (if applicable).
The inspector’s decision is final, and there’s no further right of appeal unless you believe there was a legal error, in which case you may be able to challenge the decision in the High Court.
- Seek Professional Advice: Planning consultants or solicitors with expertise in planning law can help you build a strong case.
- Understand Local Policies: Familiarise yourself with your local development plan and national planning policies to ensure your arguments are aligned.
- Be Realistic: Not all appeals are successful. Assess the strength of your case before investing time and money.
- Consider Alternatives: If your appeal is unlikely to succeed, explore other options, such as revising your plans and submitting a new application.
Appealing a planning decision can be a complex and time-consuming process, but it’s an important right that allows you to challenge decisions you believe are unfair or incorrect. By understanding the process, preparing a strong case, and seeking professional advice when needed, you can increase your chances of success.
Remember, planning decisions are based on policies and facts, not personal preferences. Focus on presenting a clear, evidence-based argument, and you’ll be well on your way to achieving a positive outcome.
Good luck!