Refused Planning Permission

Planning Appeals

Receiving a planning refusal can be a frustrating and disappointing setback. However, it does not necessarily mean the end of your development aspirations. If you believe the local planning authority (LPA) has made an incorrect decision, you have the right to appeal to the Planning Inspectorate, an independent body that will reconsider your case.

Navigating the planning appeals process is a complex undertaking that requires a thorough understanding of planning law, procedure, and the ability to present a detailed and persuasive argument against the reasons for refusal. Attempting an appeal without expert assistance significantly reduces your chances of success.

Silverback Planning Solutions has considerable experience in handling planning appeals. Our background includes working on appeal cases from the local authority side, giving us unique insight into the assessment process and the factors that influence Inspectorate decisions. We can provide the expert representation you need to challenge a refusal and seek a different outcome.

What is a Planning Appeal?

A planning appeal is a formal process by which an applicant can challenge the decision of a local planning authority to refuse planning permission or to grant it subject to conditions they consider unacceptable. Appeals are made to the Planning Inspectorate, which is part of the Department for Levelling Up, Housing and Communities. An independent Planning Inspector is appointed to consider the case and make a final decision.

There are several methods for determining a planning appeal:

• Written Representations: This is the most common method, where all arguments and evidence are submitted in writing by both the appellant (you, the applicant) and the LPA. The Inspector reviews the written submissions and usually visits the site before making a decision.
• Informal Hearing: A less formal process than an inquiry, involving a discussion led by the Inspector on the main issues of the appeal. Parties (appellant, LPA, interested persons) can present their case and respond to questions.
• Public Inquiry: The most formal and complex method, similar to a court hearing, often used for major or complex developments. Evidence is given under oath, and parties can be cross-examined by legal representatives.

The appropriate appeal method depends on the complexity of the case and the preferences of the appellant and the LPA (though the Inspectorate makes the final decision).

Why is Expert Help with Planning Appeals Crucial?

The planning appeals process is governed by strict procedures and deadlines. Success hinges on presenting a well-reasoned and evidence-based case that directly addresses the LPA’s reasons for refusal and demonstrates why permission should have been granted. Engaging a planning consultant offers significant advantages:

• In-depth Understanding of Appeal Procedure: We are fully conversant with the rules and procedures of the Planning Inspectorate for all appeal methods.
• Expert Analysis of Refusal Reasons: We meticulously analyse the LPA’s reasons for refusal, identifying their strengths and weaknesses from a planning perspective.
• Formulating a Robust Case: We develop a compelling Statement of Case that systematically counters the LPA’s arguments and provides detailed justification for your proposal.
• Gathering and Presenting Evidence: We identify and assemble all necessary supporting evidence, including relevant planning policies, technical reports, photographs, and precedent examples.
• Responding to the LPA’s Case: We prepare detailed responses to the LPA’s appeal statement, highlighting any inaccuracies or weaknesses in their arguments.
• Managing the Process: We handle all communication with the Planning Inspectorate and the LPA throughout the appeal, ensuring all deadlines are met.
• Representation at Hearings or Inquiries: For more complex appeals, we can represent you at informal hearings or public inquiries, presenting your case effectively to the Inspector.
• Objective Assessment: We provide an objective assessment of the merits of your case and advise you on the likelihood of success, helping you decide whether to proceed with an appeal.

The Silverback Approach to Planning Appeals

Our approach to planning appeals is strategic, analytical, and focused on presenting the strongest possible case to the Planning Inspectorate. Our insider knowledge of how LPAs prepare for and present their case at appeal is a significant advantage.

Our process typically involves:

1. Initial Consultation and Review of Refusal: We discuss the planning history of your application, carefully review the LPA’s decision notice and reasons for refusal.
2. Assessment of Appeal Merits: We provide an honest and expert assessment of the strengths and weaknesses of your case and the likelihood of a successful appeal. We will advise you if we believe an appeal is unlikely to succeed.
3. Development of Appeal Strategy: If we believe you have a strong case, we develop a strategy outlining the key arguments to be made and the evidence required.
4. Preparation of Appeal Documents: We prepare the core appeal documents, including the grounds of appeal and the detailed Statement of Case, addressing each of the LPA’s reasons for refusal.
5. Assembly of Supporting Evidence: We gather and organise all necessary supporting plans, drawings, reports, and other evidence.
6. Submission of the Appeal: We submit the complete appeal package to the Planning Inspectorate within the statutory time limit (usually 12 weeks from the date of the decision notice for householder and minor commercial appeals, longer for others).
7. Responding to the LPA’s Statement: We analyse the LPA’s detailed response to the appeal and prepare a rebuttal statement addressing their points.
8. Management of the Appeal Process: We manage all communication with the Planning Inspectorate and the LPA, ensuring all procedural requirements are met.
9. Representation at Hearings/Inquiries (if applicable): We prepare for and represent you at hearings or inquiries, presenting your case and responding to questions.
10. Interpretation of the Decision: Once the Inspectorate’s decision is issued, we will explain the outcome and its implications.

Leveraging Insider Knowledge for Your Appeal

Our experience working within local authority planning departments provides us with invaluable insight into the appeal process from the other side. We understand:

• How LPAs defend their decisions: We know the types of arguments and evidence LPAs typically use to support their reasons for refusal.
• What information Inspectors look for: We understand the key factors that Planning Inspectors consider when evaluating an appeal.
• The importance of detail and evidence: We know that successful appeals are built on a foundation of thorough research and clear, well-supported arguments.
• Procedural requirements: We are meticulous in ensuring all appeal procedures and deadlines are strictly adhered to, preventing your appeal from being dismissed on technical grounds.
  
  

Appealing a planning decision can be a daunting prospect, but with expert guidance from Silverback Planning Solutions, you can significantly improve your chances of achieving a positive outcome. We will work tirelessly to present a compelling case to the Planning Inspectorate and help you secure the permission you need.

If your planning application has been refused, don’t give up. Contact Silverback Planning Solutions today to discuss the possibility of lodging a planning appeal and how we can help you challenge the decision.