Planning appeals in London can be a complex and time-consuming process. If you are a property developer, landlord or homeowner in London and you have been refused planning permission for your development this can be a major set back. Equally, you may be unsatisfied with how your planning application has been handled in terms of the time it is taking to reach a decision or even the conditions attached to the planning permission that has ultimately been granted. Seeking expert planning advice from a chartered town planner to explore chances of a successful appeal to an independent government agency may be something to consider. The planning inspectorate also known as PINs are an independent government agency that determines applications independent of the Local Authority. When a decision is appealed the decision making function is allocated to an independent inspector appointed by the secretary of state. This article explores the planning appeal process and sets out why using a chartered town planning consultant acting on your behalf can can increase your chances of success.
What is a planning appeal
You can appeal a planning decision if you believe that the local council has made a mistake in their decision, if you are unhappy with the conditions attached to your consent or where the Local Planning Authority is taken too long to determine your application (non-determination appeal). In the context of an appeal against a refusal to grant planning permission the first step in the planning appeals process is to determine the grounds for your appeal. There are specific circumstances that justify an appeal against a refusal of planning permission for example where a planning officer has failed to properly consider relevant planning policies or site specific material planning considerations.
There are three ways to appeal a planning decision in the UK, including:
Written representations: This is a simple way to appeal a planning decision by submitting a written statement outlining the grounds for appeal.
Hearing: This is a more formal appeal process where both the appellant and the local planning authority can present their case to an independent planning inspector.
Public inquiry: This is the most formal and lengthy appeal process, involving a full examination of the case by a planning inspector who will make a recommendation to the Secretary of State.
Planning appeal deadlines and costs
Householder appeals the fast track process requires the appeal to be made to pins within 12 weeks of the decision. For full applications the timeframe for submission after the decision is made is 6 months. Further procedural planning appeal guidance can be found on the in the gov.uk procedural guide. If you have wondered, how much does it cost to appeal a planning decision? you will be delighted to learn that there are no planning appeal costs required from PINs.
How to win a planning appeal?
So if you are minded to handle the submission yourself you may be wondering, how to write a planning appeal statement yourself. The place to start would be to define your grounds for appealing a decision this will need to be formulated into a succinct and detailed appeal statement of case that covers all of the points of contention. This should outline the reasons for your appeal and provide evidence to support your case. This may include supporting documents, such as drawings and plans, and any relevant planning policies along with your statement of case. Your statement of your case needs to explain how the council's decision is wrong and why you believe your development should be allowed.
Once you have prepared your appeal statement, you can submit it to the Planning Inspectorate, who will consider your case. The Planning Inspectorate is an independent body that deals with planning appeals in England and Wales, and they will decide whether or not to allow your appeal and grant planning permission based on the statement of case and associated documents. If your appeal is successful, the council will not be able to resist your development project.
There are several things you can do to increase your chances of success when making a planning appeal in London. In the first instance you must ensure that your statement of case is strong in terms of the grounds of appeal and the evidence used to support your case. Whilst it is possible to carry out this exercise on your own using the expertise of a planning consultant can help your case to ensure that your appeal is presented in the best possible light.
Planning appeal dismissed what next?
This will be a further set back and unfortunately add a layer of complexity to your case. In the first instance it would be sensible to review the decision letter issued by PINs to find any positive elements of their assessment that can be incorporated into a resubmission to the local authority. Remember appeal decisions issued by PINs are material planning considerations and should be given weight in the assessment of revised submissions at the same site or even other similar developments elsewhere. Planning appeals in London can be a complex and time-consuming process, but they can also provide an opportunity for property developers, landlords and homeowners to challenge planning decisions and have them overturned.
What is a Planning Consultant?
Within this context a planning consultant is a professional who can assist clients in securing the necessary approvals for development projects. If you need help with planning appeals FJ Urban Planning can carefully prepare, submit and monitor your appeal statement and associated documents. As specialist planning appeals consultants your case will be presented to PINs in the best possible light to increase your chances of a successful appeal. We have a wealth of expertise in many aspects of the planning process, including understanding local planning policies and the relevant legislation, preparing planning applications, appeals, and representing clients in negotiations with local authorities.
Why Use a Planning Consultant for Residential Planning Appeals in London? There are several reasons why using our planning appeals service can be beneficial to work with a planning consultant when appealing a planning decision in London: (1) - Expertise and experience: Planning consultants have extensive knowledge of the planning system and a wealth of experience working on similar projects. This means they can provide valuable insights and advice on the best approach to take with your appeal. (2) - Objectivity: It can be emotionally charged when a planning application for a residential development is rejected, which can make it difficult to think clearly about the best course of action. A planning consultant can provide an objective perspective and help you make informed decisions. (3) - Time savings: Preparing a planning appeal can be a time-consuming process, especially if you are unfamiliar with the required procedures. A planning consultant can take care of the administrative tasks and ensure that everything is completed efficiently and effectively.
As a property developer, landlord or homeowner you may have encountered challenges in the planning process. Having a planning application rejected can be a major setback, but it is not the end of the road. In the UK, the planning appeals procedure is a way for individuals or organizations to challenge decisions made by local planning authorities about planning applications. The procedure is administered by the Planning Inspectorate, an executive agency of the Ministry of Housing, Communities and Local Government. The outcome of a planning appeal may be to allow the appeal and grant planning permission, dismiss the appeal or even give a split decision. We encourage you to get in contact in order for us to help you decide how best to carry your scheme forward and increase your chances for success.
Fidel Miller MRTPI
London planning consultant
Planning consultant near me
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