By Mark Dawes, Managing Director, CAD Architects
If your Planning Application is rejected by the Local Authority, this will obviously come as a big disappointment. However, it is important to be aware that you do have the right to appeal the decision. Furthermore, around one third of planning appeals are successful – a not insignificant number.
Before you decide whether to appeal, our Planning Consultant would always recommend that other options are fully considered. It may be possible to reach a resolution by negotiating with your Local Authority, making some adjustments to the original Planning Application, and finding a solution with which both parties are happy.
Our Planning Consultant will be able to advise you on how to make the best approach.
If this negotiation isn’t successful and a planning appeal is necessary, then CAD Architects’ Planning Consultant can help you manage the entire appeal process and your response, right up to the final decision.
Our specialist expertise can significantly improve your chances of a successful outcome.
Be aware that you must make your appeal within 6 months of the date of the Decision Notice from your Local Planning Authority, or 12 weeks in the case of a Householder Planning Application.
On receipt of your planning decision, the Refusal Notice will provide the reasons for the refusal; these should be clear and unambiguous, and supported by relevant planning policy and guidance. Your appeal must be based around your response to those reasons.
The appeal is made to the Planning Inspectorate. This is an independent, national body which operates completely separately from the Local Authority. Most smaller planning appeals will be dealt with solely in writing. For bigger, more complex cases there may be an informal hearing with the Planning Inspector and Local Planning Officer. Significant large schemes sometimes require a public inquiry where evidence is heard.
Our experts will be able to advise you on the likely process for your appeal.
The foundation of your appeal will be your Statement of Case. This explains your case to the Planning Inspectorate and your response to the reasons given for refusal. Your intention is to show that your Planning Application does comply with national, local and neighbourhood planning policies and that it should be approved.
There are three broad areas where a planning refusal may be challenged. You may argue that:
· Planning Policy was not applied correctly, or interpreted accurately;
· A recommendation made by a Planning Officer was not followed;
· Objections to your Planning Application were given too much weight.
This is why we would recommend having the input of our specialist Planning Consultant in preparing your Statement of Case. The arguments that need to be put forward can be very technical. Also, if there are ‘grey areas’ in terms of how planning policy is applied, then it helps to be able to refer to any precedents set by previous planning decisions.
Our Planning Consultant has in-depth expertise in this area.
When your Statement of Case is ready, it needs to be submitted via the Planning Inspectorate online portal, together will all the documents that formed the original planning application.
Unfortunately, getting a decision on a planning appeal is not a quick response.
Latest information from the Planning Inspectorate shows that written applications for s78 planning appeals are taking an average of 29 weeks for a decision to be reached.
So you will need to factor this into your plans.
At CAD Architects, we have set up our own in-house Planning Consultancy, so that we can give our Clients expert help when it comes to planning issues like these. When you work with our specialist CAD Planning team, they can explain all these matters in layman’s terms and give you clear and precise advice.
Talk to our Planning Consultant about your project.
We think you will be impressed by their practical, down to earth approach.
Contact us today at studio@cadarchitects.co.uk