Monday 25th April, 2022
Getting expert advice on Planning Appeals
Getting expert advice on Planning Appeals
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