Appealing planning decisions
Sometimes planning doesn’t go how you expected, but that doesn't have to be the end of the road... you have the right to submit an appeal on the decision made by a Local Planning Authority (LPA), whether it be against a refusal, specific planning conditions given on an approval, the removal of permitted development rights, or if the LPA have taken too long to make a decision (non-determination). An appeal needs to be made in writing to the Planning Inspectorate.
Initially, one of the expert planning consultants at MDP will provide you with an open, honest and professional view regarding the likelihood of success at appeal and will advise on the most appropriate next steps to take.
If you then feel you wish to proceed, whether you are a householder, require written representation or need representation at an informal hearing or a public inquiry, MDP will create a bespoke battle-plan based on research, our vast experience in both the local authority and private sector, and sound knowledge of the planning system, to maximise your chance of success. MDP have an excellent record at winning planning appeals.
Appeal a Householder Planning Decision
A householder planning decision must be appealed in writing within 12 weeks of the date of the decision notice presented by the LPA.
The Planning Inspector will consider all the written evidence that is made available and will also visit the site, usually accompanied by the main parties (appellant and LPA), however, no verbal submissions are permitted at any time, even on the site visit.
MDP will manage and present a case to the Planning Inspectorate on your behalf, providing evidence, any additional information and a sound justification, to give sufficient weight to seek to overturn the decision.
All other types of applicant use this system to appeal a decision they do not agree with. With this procedure the Planning Inspector will consider written evidence, a "Statement of Case" from the appellant, the LPA and anyone else who has an interest in the case. There is the opportunity to comment on each other’s statements. Third parties can also submit additional representations, although any original comments will already have been forwarded onto the Planning Inspector.
There are strict timeframes for when the various written submissions must be submitted, and these will be set out in a letter from the Planning Inspectorate when the appeal is validated.
The planning inspector will consider all the written evidence that is made available and will also visit the site, usually accompanied by the main parties. However, no verbal submissions are permitted at any time, even on the site visit. A written decision is usually then made several weeks after the site visit.
MDP will manage and submit the appeal on your behalf and will submit a robust Statement of Case. We will comment on an representations made by the LPA or third parties and will attend the appeal site meeting on your behalf.
This process is used for more complex cases that require a discussion between the main parties as well as written representations by the appellant, the LPA and any other third party (local residents/groups, councillors, amenity groups etc) who has an interest in the case . The round-table discussion is intended to be an informal meeting where all parties can respond to any questions that the Planning Inspectorate might have and to let everyone make their case. The majority of hearings will take no longer than a day and usually conclude with a site visit however sometimes, more complex proposals may take several days to discuss.
A decision is usually made several weeks after the hearing.
MDP will submit the appeal on your behalf and will prepare a robust Statement of Case. We will comment on any representations made by the LPA or third parties and we will attend/accompany and represent you at the hearing.
A Public Inquiry is the most formal procedure for a planning appeal and is usually used for more complex cases where nuanced legal matters are debated. Public Inquiries also involve a lot more people. The main parties normally have legal representatives alongside planning consultants and expert witnesses (eg landscape or heritage experts), to present their case and to cross-examine any witnesses.
A Statement of Case will need to be submitted along with any proofs of evidence from expert witnesses. Evidence is usually complex and needs to presented to the Planning Inspector so they are able to fully understand it and how it relates to the appeal. Third parties may also be recognised more formally during the process and are allowed to call their own witnesses and cross-examine (this is know as the Rule Six process.
The Planning Inspectorate will lead on the process giving all parties the opportunity to state their case, witnesses will be questioned by the Planning Inspector and other parties regarding the evidence that they are presenting.
An inquiry may take from one day, several days to several weeks to be heard, depending on the complexity of the case and on the number of witnesses giving evidence. A site visit will take place either during or after the hearing.
A decision is usually made 2-6 weeks after the inquiry.
MDP will work with, or appoint, a legal representative on your behalf, gather any evidence needed to accompany the appeal, seek third party expert witnesses, will submit the appeal on your behalf and will prepare a robust Statement of Case, represent you at the inquiry and attend the site meeting on your behalf.
Contact us for more information