06Services · Sheet 06 of 07
Planning appeals, after a refusal.
When planning permission or a Certificate of Lawfulness is refused, an appeal may be one way forward. SA Associates reviews the decision and the reasons behind it, helps you weigh an appeal against a revised application, and prepares the appeal and the evidence that supports it.
- Stage
- Following refusal
- Decided by
- Planning Inspector
- Procedures
- Written · Hearing · Inquiry
- Sectors
- Residential · Commercial
01The service
A considered response to a planning decision.
A planning appeal asks for a refused proposal to be considered again — not by the council, but by an independent Planning Inspector acting on behalf of the Secretary of State, who considers the merits of the proposal and decides whether permission should be granted.
Whether an appeal is the right step depends on the proposal, the reasons for refusal and the planning context. Sometimes the better route is to revise the scheme and apply again; sometimes the case for the original proposal is worth putting to an Inspector.
Where an appeal is pursued, SA Associates can lodge it and prepare the statement and evidence setting out why it should be allowed — and can support you through a hearing or public inquiry if that procedure is used.
- Decision review
- The decision notice, the reasons for refusal and the planning context behind them, reviewed.
- Route
- An appeal weighed against revising the proposal for a new application.
- Appeal case
- The appeal lodged, with a written statement and supporting evidence.
- Hearings and inquiries
- Support where an appeal proceeds by informal hearing or public inquiry.
02When it may apply
When a planning appeal may be considered.
An appeal is a right, not an obligation. It may be worth considering where you believe the proposal is acceptable in planning terms and the reasons for refusal can be answered.
Not every refusal should be appealed. Where the reasons point to genuine problems with the design, a revised application may be the more practical route — the right step depends on the circumstances.
Situations where an appeal may be considered
- A.01An application for planning permission has been refused
- A.02A Certificate of Lawfulness has been refused
- A.03The reasons for refusal appear open to challenge
- A.04Relevant policy or comparable decisions support the proposal
- A.05Revising the design would undermine what the project is for
- A.06Conditions attached to a permission are a concern
Appeals must be made within a set period from the date of the decision, and that period varies with the type of application — the decision notice and current Planning Inspectorate guidance set out what applies.
Check your project03Understanding the decision
Reading the refusal before deciding what next.
- DN
Decision notice
The decision itself, and the formal reasons for refusal.
Issued by the council
- RR
Reasons for refusal
Each reason, and the planning harm the council considers would result.
Decision notice
- OR
Officer's report
How the proposal was assessed, and which considerations carried weight.
Public planning record
- PO
Policy
The local and national policies cited, and how they apply to the proposal.
Development plan · national policy
- CX
Context
The site, its surroundings and comparable decisions nearby that may be relevant.
Site context · planning history
04Choosing a route
Appeal, or a revised application?
Planning appeal
- Tends to suit
- A proposal you believe is acceptable as submitted, where the reasons for refusal can be answered.
- The proposal
- Considered as refused — the scheme is not redesigned during the appeal.
- Decided by
- An independent Planning Inspector, on behalf of the Secretary of State.
- Main work
- An appeal statement and supporting evidence.
Revised application
- Tends to suit
- A proposal where the reasons for refusal can be addressed by changing the design.
- The proposal
- Amended to respond to the reasons for refusal, then submitted again.
- Decided by
- The local planning authority, as a new application.
- Main work
- Revised drawings and a new application.
05Process
How a planning appeal may progress.
- 01Review
Decision reviewed
The decision notice, reasons for refusal and planning record reviewed.
- 02Assess
Case assessed
The proposal and its planning context considered against each reason for refusal.
- 03Route
Route agreed
An appeal or a revised application discussed and decided with you.
- 04Lodge
Appeal lodged
The appeal submitted, with the statement and evidence supporting it.
- 05Decision
Inspector's decision
The Inspector considers the case from both sides and issues a decision.
06After submission
How appeals are considered.
- W
Written representations
The appellant and the council each set out their case in writing, and the Inspector usually visits the site.
- H
Informal hearing
A round-table discussion led by the Inspector, used where issues benefit from being talked through.
- I
Public inquiry
A more formal procedure, generally reserved for complex or contentious cases.
- D
Decision
The Inspector allows or dismisses the appeal — or, where relevant, varies conditions — and gives reasons.
07Supporting an appeal
Information that may support an appeal.
An appeal is decided on the planning merits of the proposal, so the case needs to answer the reasons for refusal directly and clearly.
For the written representations procedure, SA Associates prepares a written justification setting out why the appeal should be allowed, with the evidence that supports it.
What an appeal case may draw on
- E.01A statement responding to each reason for refusal
- E.02Relevant local and national planning policy
- E.03The drawings and documents considered by the council
- E.04Photographs and analysis of the site and its context
- E.05Comparable decisions, where they are genuinely relevant
- E.06Technical information, where a reason for refusal requires it
New evidence is not always accepted, and an appeal cannot normally be used to change the proposal — what can be relied on depends on the appeal.
Check your project08Residential and commercial
Householder and commercial appeals.
01
Residential
For homeowners whose extension, loft conversion or alteration has been refused, and for refused proposals for new homes.
- Householder appeals
- Extensions and loft conversions
- Replacement dwellings
- New residential development
02
Commercial
For owners and occupiers of commercial buildings where an application or a Certificate of Lawfulness has been refused.
- Change of use
- Alterations to premises
- Certificates of Lawfulness
- Commercial development
09Connected services
Before and after an appeal.
- 02
Planning Applications
If a revised application is the better route, the proposal can be amended and resubmitted to the council.
View service: Planning Applications - 01
Architectural Design
Where the reasons for refusal concern the design, revising it may address them without an appeal.
View service: Architectural Design - 05
Feasibility Studies
If a site has been refused before, a feasibility study can test the planning options before a new proposal is developed.
View service: Feasibility Studies
10Questions
Planning appeals, answered.
Q.01
What is a planning appeal?
A request for a refused application to be decided by an independent Planning Inspector, acting on behalf of the Secretary of State, instead of the council. The Inspector considers the merits of the proposal and decides whether permission should be granted.
Q.02
Can I appeal if my planning permission is refused?
Usually, yes — the applicant has a right of appeal against a refusal of planning permission or a Certificate of Lawfulness. Whether an appeal is the best step depends on the reasons for refusal and the proposal.
Q.03
Should I appeal or submit a revised application?
It depends. If the reasons for refusal can be met by changing the design, a revised application may be the better route. If you believe the proposal is acceptable as it stands, an appeal may be worth considering. Reviewing the decision first helps decide.
Q.04
Is there a deadline for a planning appeal?
Yes. Appeals must be made within a set period from the date of the decision, and the period depends on the type of application. Check the decision notice and current Planning Inspectorate guidance, and act promptly.
Q.05
How much does a planning appeal cost?
It depends on the appeal, the procedure and the work the case needs. Separately, in some circumstances either side can apply for an award of costs if the other has behaved unreasonably — that is not the same as professional fees.
Q.06
What is a householder planning appeal?
An appeal against the refusal of an application for works to a house, such as an extension or alteration. Householder appeals are generally dealt with through written representations.
Q.07
Does making a planning appeal guarantee permission?
No. The Planning Inspector considers the appeal and may allow or dismiss it, so the original outcome may change or stand. An appeal gives a proposal further, independent consideration — not a guaranteed outcome.
Q.08
Is this legal advice?
No. SA Associates provides planning and design support for appeals. Where a case raises legal questions, independent legal advice may be appropriate.
11Project Brief
Discuss the decision.
Tell us about the proposal and the decision you received.
We will review the reasons for refusal and explain whether an appeal or a revised application may be the better next step.
- Phone
- 01753 709 770
- Mobile
- 07748 716 893
- info@sa.associates
- Office
- Regus House, 268 Bath Road, Slough SL1 4DX