A refusal isn’t the end of the road, Berrys can help you move your plans forward through a planning appeal.

Tens of thousands of listed building consents and planning applications are turned down every year. Anybody who has been refused permission is entitled to appeal to the Secretary of State to have their case reviewed. This is known as an appeal. It is also possible to appeal against an enforcement notice and to appeal the lack of any decision at all (known as non-determination).

All appeals are determined by a Government quango named the ‘Planning Inspectorate’, regardless of which local planning authority (LPA) made the original decision. The Inspector’s decision will be based purely on the merits and impacts of the scheme and whether it complies with the relevant planning policies. It will not take account of local politics or prejudices. Once made, the Inspector’s decision is final and binding. It may only be challenged on a point of law – for example, if one of the parties believes the due process has not been followed.

An appeal may be determined in one of three ways:

Written Representations

This is by far the most common form of planning appeal (over 90%). As the name suggests, the inspector makes their decision based on written evidence only.

Planning Appeal Hearing

The inspector first reads the written evidence and then questions both sides in something akin to an informal courtroom setting. You can request a hearing when making your appeal, but the Inspectorate will decide whether or not to grant one.

Public Inquiry

A more formal version of a planning appeal hearing, usually involving large numbers of lawyers. This is generally only used for major applications where there is a strong public interest.

Hearings and inquiries take longer and cost far more than written representations, but they do have a greater success rate. About 25-30% of written planning appeals result in a refusal being overturned. For hearings, the figure is around 40% and, for inquiries, it is nearer 50%.

To make a planning appeal, you will need to complete a form, write a statement of case and send copies of all the original application documents to the Planning Inspectorate. The Inspector will invite the LPA to send its own statement of case and you will have the chance to comment on this. Our heritage consultants have submitted many successful planning appeals and can help you make a sound and logical case for overturning the LPA’s decision.

There can be a whole host of reasons why listed building consents and planning applications are refused, from impact on the setting to a nearby listed building to loss of historic fabric. We can advise honestly based on our professional experience on whether if you have had permission refused we can address these and more importantly whether it will be time and money well spent to go through the appeal process or not.

There are strict deadlines for making an appeal so time is of the essence, and we will ensure we meet the deadlines, so get in touch with us at the earliest possibility if you are looking at the potential of appealing.

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