Planning appeals
Overturn a planning refusal
no-win, no-fee
As council planners turned consultants, we know first-hand that not every planning decision is justified; people can interpret the same policies and legislation in different ways and council planners sometimes fail to consider local circumstances.
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If you have been refused planning permission, you can seek to overturn the decision by appealing to the Planning Inspectorate which is an independent government agency that takes a generally more relaxed approach to development than most councils.
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For less complex cases, if we believe your planning appeal stands a good chance, we will undertake it on a no-win, no-fee basis.
We win the majority of appeals we undertake
Roughly a third of all planning appeals are successful, but our success rate is substantially higher than the national average.
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Most planning appeals are determined on the basis of written evidence following a site visit from one of the Planning Inspectorate’s independent inspectors. We can prepare, submit, and manage the appeal on your behalf, ensuring that your case is put forward effectively.
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You only get one opportunity to appeal a planning decision and so you should ensure that you are well-represented.
Simply fill in this form to get zero-commitment advice from a planning expert.
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If we believe that an appeal is an appropriate option, we will also provide you with a quote to prepare, submit, and manage this on your behalf.
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If you need to send attachments, we can also be reached at info@faradayplanning.co.uk.
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Frequently asked questions
What is a planning appeal?
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Planning appeals are most commonly used to challenge a council’s refusal of a planning application. Planning appeals are also sometimes used when a council has failed to determine an application within the necessary timeframe, or has imposed unjustified conditions on a planning approval.
Who decides planning appeals?
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Planning appeals are decided by an independent inspector appointed by the Planning Inspectorate. The Planning Inspectorate is a central government agency that is entirely independent from your local council. The inspector's role is to consider all the evidence, visit the site if necessary, and make a decision based on the relevant planning policies, legislation, and case law.
Who can submit a planning appeal?
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Only the person who made the planning application has the right to appeal the decision. As planning appeal specialists, we can act on your behalf and justify your case with reference to the relevant planning policies, legislation, and case law.
Is there a deadline to submit a planning appeal?
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Yes. If you have been refused planning permission for works to a single house (not a flat), you have 12 weeks from the date of the decision to appeal. For all other types of planning applications, you have 6 months from the date of the decision.
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If the council has failed to make a decision on your application within the required timeframe (usually 8 weeks), you have 6 months from the date by which a decision should have been made to appeal.
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Shorter timescales may apply if you have been served an enforcement notice.
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There is no deadline to appeal against decisions on certificate of lawfulness applications.
What is involved in a planning appeal?
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Roughly 93% of planning appeals involve the submission of written arguments, a site visit by an independent inspector, and then a decision. Depending on the type of appeal, the council may submit additional written arguments during the process, but you are given the opportunity to respond. This is known as the ‘written representations’ procedure.
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Particularly large or complicated developments may require a hearing (a round-table discussion between the appeal parties and the inspector) or a public inquiry (a formal proceeding where witnesses are questioned).
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Aside from granting the inspector access for their site visit (if necessary), we can handle the entire process for you.
Do I need a planning consultant for my planning appeal?
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Anybody can submit an appeal if they have the right to do so. Planning policies, legislation, and case law are complex however, and you only have one opportunity to appeal. Consequently, it is advisable to instruct a planning consultant to prepare, submit, and manage the appeal on your behalf. This ensures that you are properly represented and that your arguments are justified appropriately. For assistance, make use of your free consultation.
How do I submit a planning appeal?
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Planning appeals can be submitted through the Planning Inspectorate’s online portal. You'll need to provide your grounds for appeal and any supporting documents.
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Your grounds for appeal must set out why the development is acceptable in planning terms with reference to the relevant planning policies, legislation, and case law. Due to the complexity of these areas, it is advisable to seek professional assistance. As planning appeal specialists, we can act on your behalf.
Can I make changes to my plans during the planning appeal process?
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Generally, changes to your proposal are not allowed once a planning appeal has been submitted. A planning appeal is a review of the decision based on the plans and materials originally submitted to the council.
How much does a planning appeal cost?
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There is no charge to submit a planning appeal.
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If you would like us to represent you in the appeal process, please get in touch for a free consultation. We will review your case, tell you whether an appeal is likely to be successful, and give you a fixed quote for preparing, submitting, and managing the appeal on your behalf. Subject to the chances of success, we offer our services on a no-win, no-fee basis.
How long do planning appeals take?
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The time it takes for a decision to be reached on a planning appeal depends on the nature of the proposal. If you have been refused planning permission for works to a single house (not a flat), an appeal is likely to take around 3-4 months. For all other types of planning appeals, the timeframe is around 6-8 months. The Planning Inspectorate periodically updates its average timescales here.
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Timescales can also vary based on the complexity of the appeal and the Planning Inspectorate’s workload.
Can I appeal if the Council hasn’t made a decision on my planning application?
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Yes. Councils aim to issue decisions on planning applications within a set timeframe (usually 8 weeks). If they fail to do so, you have the right to appeal against ‘non-determination’. It is often quicker and more productive to engage with the council and await a decision, however. You should only appeal against non-determination as a last resort.
What are my chances of winning a planning appeal?
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On average, around one third of planning appeals are successful. Many appeals are poorly crafted without the proper professional assistance, however.
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Reasonable proposals that are backed up by the arguments of an experienced planning consultant stand a very good chance of success at appeal. As appeal specialists with experience on the other side of the process, our success rate is substantially higher than the average.
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As part of your free consultation, we can advise you on your chances of success at appeal.
Will my neighbours know that I have submitted a planning appeal?
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When you submit a planning appeal, the council will notify the same properties that were informed about your original application, typically your immediate neighbours and any other properties the council considers to have an interest in the development.
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If your appeal relates to works a single house (not a flat), your neighbours will not normally be able to comment on the appeal. Otherwise, your neighbours will be given an opportunity to comment.
What can I do if my planning appeal is unsuccessful?
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If your planning appeal is dismissed, it may be advisable to revise your proposal in accordance with the feedback received from the inspector and submit a new application to the council. The council is obligated to be consistent with the inspector's assessment.
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If you would like us to review a decision on an appeal and recommend next steps, you can make use of your free consultation.
Is there an alternative to a full appeal if I just want to challenge certain conditions?
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Yes. If you accept the decision to grant planning permission but wish to challenge certain conditions attached to it, you can submit a "conditions appeal" or apply for a variation or removal of conditions through a separate application to the council.
Is it better to resubmit my planning application or submit an appeal?
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In most cases, a planning appeal should only be considered where the council’s decision is unfair or where you can’t make any changes to address their concerns. To understand whether an appeal is the best option for you, make use of your free consultation.
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It is possible to submit a revised application to the council and appeal the original decision at the same time. The two will be processed entirely independently and will normally not affect one another. If the revised application addresses the council’s concerns, this may give you a backup plan if the appeal is unsuccessful.
