Appeals
We are able to offer a range of advice on planning matters including pre-application advice, development potential, permitted develeopment and appeals
Appealing a planning decision
If your planning application has been refused, or if conditions have been attached which are unacceptable to you, you are entitled to appeal to the Planning Inspectorate. You can also appeal if the Council do not make a decision upon your application in the specified or agreed time period .
Normally appeals must be made to the Planning Inspectorate within 6 months of the date upon which the Council determined the application. In some cases, a shorter time period applies (12 weeks in the case of domestic extension applications).
If your planning application has been refused, or if you are unhappy with conditions attached to a permission or the time taken to deal with your application, MSP are able to submit an appeal on your behalf. However, appeals must be seen as a last resort, and as part of our review of your case, we would advsie whether there are alternative options that might be pursued before considering an appeal. Generally speaking there are limited opportunities as part of an appeal to expand any arguments in favour of your proposals. Appeals will be largely decided on the basis f the information submitted as part of the application. In many cases, a Council's objections may be capable of being addressed via a new application, without recourse to a planning appeal.
Contact Us for advice on the merits of appealling a decision and a no-oligation quote for the submission of your planning appeal.
Appeals are dealt with by the Planning Inspectorate, a government agncy that is entirely independent of the Council who made the decision on your application.
Appeals may take one of three forms (or 'methods')
• Written representations
• Informal hearing
• Public Inquiry
Householder appeals (relating to works to a domestic dwleling) are now g dealt with by a ‘fast track’ written representations method, with a target of 10 weeks for issuing a decsion. Other appeals will generally take longer than this.
Mike Sibthorp Planning are able to advise you on all aspects of your appeal. This will include identification of the most appropriate appeal method for your particular case. We are able to submit and handle the appeal on your behalf.
Most appeals are determined by the written representations method. This involves an exchange of correspondence in which you are able to make your case, followed by a site visit by an Inspector. Generally speaking this is the quickest and the cheapest method of appealing. On average written representations appeals are dealt with in 4-5 months.
Household appeals (that is, domestic extensions and works in the grounds of a dwelling) are now dealt with by a quicker fast-track process. Appeals must be made within 12 weeks of the decision. Decisions are generally made within about 10 weeks.
More complex cases may be suited to an informal hearing. Hearings require each party to appear in front of an Inspector, to present and discuss the case. The hearing is informal in nature, and is not adversarial. Other parties, such as an objector or a Parish Council, may also attend. Costs of making the appeal will generally be higher than for a written representations appeal, and cases generally take longer to process.
Public inquiries are only appropriate for larger, more complex cases, where formal testing of evidence and argument is required. Procedurally, inquiries are conducted along similar lines to a judicial case.
There is no fee for submitting a planning appeal other than your own expenses and any professional fees and disbursements (Fees are however sometimes payable for enforcement notice appeals).
Contact us to discuss the most appropriate appeal method. In some cases there may be alternative options to an appeal, including, for example, submitting revised proposals to address some or all of the identified objections.
Where a refusal of permission includes technical objections, we can arrange for these to be appriased by our associates, with a view to adressing these matters as part of any appeal submission.
How do appeals work
costs in planning appeal cases
There is no fee due to the Planning Inspectorate for submitting a planning appeal other than your own expenses and any professional fees and disbursements (Fees are however sometimes payable for enforcement notice appeals).
It is important however for appellants to understand that, in all cases a costs regime applies (similar to the Courts). Costs (full or partial) may be awarded to either the Council or the appellant if it can be demonstrated that the other party has acted unreasonably in the conduct of the appeal.
Appellants should consider the risk of a costs award when deciding whether to appeal. We are able to advise on the likely costs risk (and indeed the likely scope of claiming costs from the local planning authority) associated with any appeal case.
Appellants should also be aware that if their appeal is unsuccessful, the local authority has powers in certain instances to 'decline to determine' any similar proposal for a fixed period of time (two years). Contact Us to discuss your appeal.
Enforcement notice appeals
If you have been served an enforcement notice by the local authority you may appeal against the service of that notice. The appeal procedures in relation to an enforcement notice are different to that for a planning appeal. There are set grounds upon which you may appeal the service of the notice. As part of the appeal you may also ask for consideration to be given to whether planning permission should be granted for the breaches alleged in the enforcement notice. If you wish to pursue this, a fee is payable for this element of the appeal. There are strict, relatively short deadlines for lodging an enforcment notice appeal.
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Fixed rate appeal fee
We can provide a fixed fee quotation for the submission of your planning appeal.
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Types of appeal
There is a wide range of appeal types. This includes;
❖ Planning appeal (outline and full and, reserved matters)
❖ Removal or variation of a condition
❖ Householder development
❖ Listed building consent
❖ Lawful development certificates (existing and proposed uses)
❖ Enforcement notice
❖ Advertisement Consent
It is also possible in certain instances to appeal Community Infrastructue Levy contributions and works to protected trees.
appeals: Our services
Mike Sibthorp Planning are able to advise you on the merits of appealing against a Council's refusal of permission. We can advise you on the most appropriate appeal method to follow, and to undertake that appeal on your behalf.
Our fees for making the appeal will vary according to the method chosen, and the complexity of the issues involved in the refusal. Please contact us for a free no-obligation quote.
As part of our review of your case, we will advise on whether it is appropriate for you to appeal or not. Before appealing, it may be appropriate to consider submitting a revised application to the Council. Mike Sibthorp Planning can advise upon re-submission, undertake any re-submission, and carry out any necessary negotiations with the Council.
Should your refusal be based upon technical grounds such as highways or flood-risk matters, we are able, through our extensive range of associates, to advise upon these specialist areas.
Should your case warrant consideration at a public inquiry, we have Licensed Access to the Bar, which enables us to instruct barristers directly on your behalf , without a requirement to engage an instructing solicitor.
Careful consideration needs to be given before undertaking any appeal. At MSP, we have considerable experience of the appeals process, and are able to advise you fully before undertaking this important step.
Need further advice? Contact us now...
If you have a planning appeal enquiry of any sort. Contact us