Thinking About Planning Appeal? Here are the most common misconceptions on Planning Appeals.
Navigating the world of planning appeals can be a complex and often misunderstood process. Many people hold misconceptions about what planning appeals entail, leading to confusion and frustration. In this article, we aim to debunk some of the most common misconceptions surrounding planning appeals, shedding light on the truth behind this vital aspect of the development process..
Misconception #1 -
Planning Appeals Are Always a Last Resort
One of the most widespread misconceptions is that planning appeals should only be pursued when all other options have been exhausted. While it is true that many planning appeals arise from denied applications, they can also be used to challenge unfavourable conditions, refusals, or delays imposed by local authorities (e.g. appeal based on non-determination). In essence, planning appeals are a legitimate and valuable tool for ensuring fair and equitable outcomes in the planning process
misconception #2 -
Planning Appeals Are Expensive and Time-Consuming
Another common misconception is that planning appeals are financially draining and time-consuming endeavours. While it's true that appeals can require an investment of time and money, they are often a necessary step to protect your rights and interests. Moreover, the costs and time involved can vary widely depending on the complexity of the case and the issues at hand. In many instances, the benefits of a successful appeal outweigh the initial investment. Furthermore, at Atelier 41 Architects we offer very competitive prices for most domestic projects and the application fees are free of charge.
misconception #3 -
Planning Appeals Are Guaranteed to Succeed
Some individuals mistakenly believe that filing a planning appeal guarantees a favourable outcome. In reality, planning appeals are subject to the same legal and regulatory scrutiny as initial planning applications. The difference is that planning appeals are dealt with by Planning Inspectorate and very often the case is assessed by a more experienced and competent case officer. Success depends on the strength of your case, adherence to planning regulations, and the ability to present a compelling argument. While appeals can lead to favourable results, they are not a guaranteed path to success.
misconception #4 -
You Can't Present New Information in an Appeal
A common misinterpretation is that the information presented in a planning appeal must be identical to what was submitted in the original application. This is not true. In fact, planning appeals provide an opportunity to introduce new evidence or information that may support your case. However, it is crucial to ensure that this new information is relevant, credible, and presented effectively to maximize its impact. Nonetheless, this does not mean that the drawings originally submitted and refused can change.
misconception #5 -
Planning Appeals Always Lead to Conflict
Many people fear that pursuing a planning appeal will inevitably lead to conflict and strained relationships with local authorities or neighbours. While it's true that disagreements can arise during the appeal process, it is not the primary objective. Planning appeals are designed to provide a fair and transparent means of resolving disputes and ensuring that planning decisions adhere to the law and regulations. Effective communication and negotiation can often help prevent unnecessary conflict
Right to appeal
Under section 78 of the Town and Country Planning Act 1990 (as amended), an applicant for planning permission can make an appeal to the Planning Inspectorate if:
Their planning application was refused by the local planning authority (LPA)
Or their planning application was granted subject to conditions which the applicant objects to
Or the LPA failed to determine the planning application within their deadline for doing so – this is known as ‘non-determination’ (please see 4.3 for LPAs’ deadlines to decide different types of planning applications)
types of planning appeals
- Written representations
- Hearings
- Local Enquiries
You can additionally claim costs if someone involved in your planning appeal behaves unreasonably and costs you money. You make a claim for an 'award of costs' to the Planning Inspectorate. If you're successful, you'll have to reach an agreement with the other party about how much they pay.
Procedure of planning appeal
All planning decisions have a timeframe within which the decision can be appealed and it varies on the application type. Further information on the timeframes can be found on :
Some application cannot be appealed which generally are minor amendment applications and Section 73 Applications to Vary or Remove Planning Conditions.
If you believe the planning decision was unfair and you can still appeal the procedure is as follows:
-create an account on https://www.gov.uk/appeal-planning-decision/make-an-appeal
- prepare appeal statement (in most cases an architects assistance might be required)
- fill in application form
- notify local authority (planning department) on your appeal submission in accordance with the Planning Inspectorate Guide (we will create a separate guidance on this particular procedure)
Conclusion
Planning appeals very often prove to be vital or the only way forward to obtain a planning permission and understanding the realities behind common misconceptions can help individuals make informed decisions when faced with planning challenges. While they may not always be straightforward or guaranteed to succeed, planning appeals offer an essential mechanism for ensuring that planning decisions are fair, transparent, and in compliance with regulations. With help of the experienced professionals like Atelier 41 Architects individuals can approach the process with greater clarity and confidence. We work across various London boroughs and have a thorough grasp of local and national planning regulations, policies, and guidelines. We are well-versed in the specific rules that apply to the project in question. We believe our analytical thinking is essential for constructing a compelling argument based on evaluation of delegated reports and planning decisions and is unmatched in the architectural industry. Planning appeals can be unpredictable, and circumstances may change but we always adapt and are ready to modify their appeal strategy if necessary. Ultimately, at Atelier 41 Architects we advocate for our clients' projects. We possess persuasive skills to present a compelling case for why the planning decision should be reconsidered or overturned. By combining these skills with a deep understanding of the specific project and planning context, we can write a successful planning appeal statement that effectively communicates our client's position and maximizes the chances of a favourable outcome. We have a great record of successful planning appeals, and no job is too small or too complicated for us.
If you are thinking why should you appoint Atelier 41 Architects to prepare your Planning Appeal here are our key skills that help us deliver successful planning appeals:
Understanding of Planning Regulations and Policies
We have a thorough grasp of local and national planning regulations, policies, and guidelines and we are well-versed in the specific rules that apply to the project in question Legal Awareness
A basic understanding of planning law is essential. We know the legal framework within which planning appeals operate, as this knowledge will help them make sound arguments and ensure that the appeal statement complies with legal requirements. Technical Expertise We have a strong technical understanding of the project. This includes knowledge of architectural design, construction methods, and building codes. This technical expertise is crucial when explaining how the proposed development meets planning requirements. Research Skills Atelier 41 Architects are proficient in conducting research. We gather data and information about the project, the local area, and relevant planning precedents. Thorough research helps support the arguments made in the appeal statement. Great Communication Skills Clear and persuasive communication is vital. We are able to articulate our points effectively in writing. This includes using precise language, organizing information logically, avoiding jargon and preparing additional sketches, and diagrams Unmatched Visual Communication Including visual aids, such as diagrams, sketches, or renderings, can greatly enhance the appeal statement. We are able to create and include visual materials that help convey our points visually. Analytical Thinking As a RIBA chartered architects’ practice we critically evaluate planning decisions, identifying where the decision-making process may have gone wrong or where the proposal aligns with planning policies. Analytical thinking is essential for constructing a compelling Negotiation and Diplomacy It's important to approach planning appeals with a diplomatic mindset. We are always prepared to engage in negotiations with planning authorities, neighbours, or other stakeholders to seek common ground or concessions
Time Management: Planning appeals often have strict deadlines. We are skilled in managing our time effectively to meet these deadlines and submit appeal statements promptly. Listening and Empathy Understanding the concerns of local authorities, neighbours, or community groups is crucial. We listen actively, empathize with these concerns, and address them constructively in the appeal statement. Adaptability Planning appeals can be unpredictable, and circumstances may change. We are adaptable and ready to modify the appeal strategy if necessary. Persuasion and Advocacy Ultimately, architects are advocates for their clients' projects. We possess persuasive skills to present a compelling case for why the planning decision should be reconsidered or overturned.
Useful information & links:
Further information on appealing a planning decision can be found on the government website: https://www.gov.uk/appeal-planning-decision
The procedural guide on Planning Appeals can be found on the below website: https://www.gov.uk/government/publications/planning-appeals-procedural-guide/procedural-guide-planning-appeals-england