PLANNING APPEALS

Unfortunately, even with the most thorough and well-argued case for permission, planning consent cannot be guaranteed on every occasion. Indeed, many clients only come to us when they encounter a problem or when an application has already been refused.

Fortunately, the Planning Appeal process provides an opportunity to challenge the reasonableness of a Council’s decision. Not only do we handle and process straightforward Planning Appeals, but also other forms of appeal, including appeals against refusals of applications for Lawful Development Certificates, appeals against conditions attached to planning permissions, and appeals against non-determination of applications. Furthermore, we also attend to the preparation and submission of further forms of appeal including appeals against Enforcement Notices.

There are three ways in which appeals can be pursued.

• The first (and most common) is an appeal through Written Representations. Most domestic or straightforward applications can be dealt with in this way. This involves producing a written Statement of Case detailing the grounds of the appeal, followed by a subsequent statement rebutting the Council’s Statement justifying their reasons for refusal.
• However, for some clients with more complicated proposals, where resources allow it is probably better to use the Informal Hearing At such hearings the Planning Inspector normally outlines a specific set of principal issues they wish to consider. Both parties are then obliged to comply with the approach adopted by the Inspector in analysing all of those issues sequentially. Cross examination of witnesses is not permitted at informal hearings, but is an opportunity for clients to put forward their point of view. For informal hearings all of the preparatory work and submissions relating to the ‘statement of case’ is organised and undertaken by ourselves in conjunction with other experts (such as highway engineers) and then we personally present the case against the local planning authority in front of the Planning Inspector at the Hearing. Most Informal Hearings can be concluded within a day.
• Finally, there are Public Inquiries. An Inquiry is the most formal of the appeal procedures, because it usually involves larger or more complicated appeals. These are often cases where expert evidence is presented, and witnesses are cross-examined. An Inquiry may last for several days, or even weeks. It is not a court of law, but the proceedings will seem quite similar, as the appellant and the local planning authority usually have legal representation. Whilst this process is obviously time consuming and rather more expensive than the other two methods of appeal, it nevertheless ensures the client’s case is presented in full and that all issues are explored in considerable detail. Accordingly, any argument advanced by the local planning authority can be exposed to detailed and comprehensive analysis. This enables contentious evidence to be thoroughly tested at great length and therefore presents the best opportunity for enhancing a client’s chances of success on appeal.

It should be noted that the Planning Inspectorate states that the chances of the applicant winning the appeal are not influenced by the method of appeal, and can insist on the Written Representations procedure for appeals that do not warrant either of the more formal approaches to considering the merits of a refused application.

We can help by:-

• Recommending the most appropriate method of appealing a refused planning application and lodge the Notice of Appeal on a client’s behalf.
• Following the Planning Inspectorate’s acceptance of the appeal, submit evidence to provide a thorough and well considered reasoned justification for the refused proposals.
• Representing the client throughout the various steps of the appeal process to its conclusion.
• During the appeal process, continue working with the client and negotiating with the local planning authority in order to reach a suitable solution that can be permitted.