Appeals and enforcement
There is a right of appeal against most local authority decisions for planning
permission and other planning decisions, such as advertisement consent, listed
building consent, prior approval of permitted development rights, and enforcement.
Appeals
We have a successful track record with appeals and are able to provide expert advice and evidence as part of the written procedure, hearings and at inquiries. We also provide advice and act on our client’s behalf for enforcement appeals. If you have had your application refused and we weren’t involved, we are able to review the proposal and decision and advise on the best way forward. Should we recommend an appeal, we are able to act on your behalf despite having no involvement at the application stage.
Enforcement
If you’re contacting us about enforcement notices, you will probably be one of our more anxious clients. We recognise that, in the vast majority of instances, a breach of planning control was a genuine error. We also know from experience that they can often be resolved through calm, patient discussion with your local authority. We assess each case carefully and provide clear advice on the best strategy to resolve the issue.
If you have been warned of a potential breach of planning control read our recent article, Breaches of planning control – what you need to know for advice on what to do.
Planning Appeals Expert Witness
Our Managing Director Chris Timothy has extensive experience acting as an expert witness for planning appeals. His areas of specialism include residential, rural, Green Belt and sport and leisure projects. Having an expert at your appeal or inquiry can add significant weight to the credibility and persuasiveness of your case. Chris is an excellent communicator who can deliver complex facts and his expert opinion clearly and concisely. He has a great track record of giving evidence that was crucial to a successful outcome. As part of the role of expert witness he can provide a proof of evidence, rebuttal evidence and undergo cross-examination.
Appeals and Enforcement FAQS
Is there a right of appeal against the refusal of planning permission?
Where a planning application is refused by the local planning authority, an appeal
can be made to the Secretary of State against a refusal of planning.
What is the deadline for submitting an appeal against refusal of planning permission?
Most planning appeals must be lodged within 6 months of the date on the decision notice. Where the appeal relates to householder planning applications there are only 12 weeks to make the appeal.
Please note: If an appeal against a refusal of an application for planning
permission is linked to an enforcement notice, there are only 28 days to make
the appeal.
Can I appeal if the local planning authority does not determine my planning application within the statutory time period?
If the local planning authority does not determine your planning application within the deadline (8 weeks for non-major applications, 13 weeks for major applications or 16 weeks for applications subject to an environmental impact assessment) an appeal may be made against the non-determination of the application.
Who decides the appeal?
The majority of appeals are determined by Planning Inspectors appointed on behalf of the Secretary of State. However, the Secretary of State has the power to make the decision on an appeal rather than it being made by a Planning Inspector. The Secretary of State will consider recovering an appeal for his determination where, for example, where development proposals are of major importance or where the proposals give rise to substantial regional or national controversy.
How are appeals determined?
The appeal will be determined as if the application for permission had been made to the Secretary of State in the first instance. The Inspector will come to their own view on the merits of the application. The Inspector will consider the weight to be given to the relevant planning considerations and come to a decision to allow or refuse the appeal. Inspectors may dismiss the appeal on different grounds to the local planning authority.
What procedure will the appeal follow?
There are three procedures for determining appeals: written representations,
hearings and inquiries. Most appeals are determined by the written procedure.
Hearings provide an opportunity for the Inspector to ask questions about the
evidence in more complex cases and are often used in appeals relating to agricultural dwellings. Inquiries provide an opportunity for evidence to be tested in the most complex cases and will often involve the use of barristers and advocates.
Can an appeal decision be challenged?
An appeal decision may only be challenged through the courts on certain statutory grounds. For example, the way in which the decision has been made and whether the correct procedures have been followed. A challenge in the courts must be brought within 6 weeks. Proceedings to quash an appeal decision relating to the grant of planning permission must be brought within 6 weeks.
Is there an opportunity for interested parties to submit comments or objections regarding a planning application, once at appeal?
There are opportunities for interested parties, such as neighbours, to make
comments on most planning appeals. The local planning authority will normally
advise interested parties of the appeal start date and the opportunity to make
comment. Representations made by Interested Parties indicating support for, or
opposition to, a proposed scheme are considered by the Inspector along with other material considerations. However, there is no right of appeal to the Secretary of State for interested parties against a local planning authority’s decision to grant planning permission or the secretary of State’s decision to allow an appeal. A decision by the local planning authority or the Secretary of State to grant planning permission can only be challenged in the courts on a point of law.
How long will it take to receive a decision?
The Planning Inspectorate advises that 80% of written representation appeals and
those considered at a hearing are determined within 14 weeks of the start date. It
should be noted that the “Start Date” may not be issued by the Planning Inspectorate until there is an Inspector available to determine the appeal. Hence the issuing of the “Start Date” can take several weeks.
What are the success rates of appeals?
The appeal success rates for April – June 2024 were 27% for written representations appeals and 28% overall for all planning appeals.
The prospects of making a successful planning appeal could be increased where
the appellant is represented by a planning consultant. A planning consultant can advise on whether the reasons for refusal are capable of being overcome at appeal. They may recommend pursuing a revised planning application for an alternative scheme as opposed to making an appeal. A planning consultant manages an appeal through to determination, responding to the local planning authority’s case and any representations made by interested parties.