Only the person that has their name stated on the application forms for planning permission can appeal (Section 78 Appeals)

You can appeal in the following circumstances:

       i)  If you applied to the LPA (Local Planning Authority) for planning permission and they:

                - refused permission;

                - gave permission but with conditions you think are inappropriate;

                - haven't approved the details of a scheme which they or the Secretary of State have already 

                  given outline planning permission for or;

      ii)   If the LPA rejected a proposal arising from a condition or limitation on a planning permission

      iii)   If the LPA don't decide your application within the time allowed. Normally the time allowed is 8 weeks

      iv)   If the LPA told you that they needed more information before they could decide your outline planning

                application, but you do not want to supply this.

If you decide to appeal, all documentation must be received by the P.I. (Planninng Inspectorate) within 6 months from the date of the notice.

On average Inspectors allow about a third of all appeals. The chances of an appeal being successful depend on the strength of the case for approval.

Around 73% of appeals are decided after written exchanges of information (Written Procedure). This is the quickest and often cheapest method. The remaining 27% of appeals are determined after a Hearing or Inquiry. The Enforcement Appeals procedure is similar.

Types of Appeal Procedure

Written Procedure – This is by far the most common procedure and normally offers the quickest, simplest and cheapest way of deciding appeals. Approximate timescale: 3-4 months from registration date.

Hearing Procedure – The hearings procedure is simpler and quicker than the inquiries procedure. A hearing enables the parties to present their case fully and fairly in a more relaxed and less formal atmosphere than at an inquiry. It usually takes the form of a round-the-table discussion led by the Inspector. Approximate timescale: 4-6 months

Inquiry Procedure – An Inquiry is held if it is decided that both written procedure and a hearing are unsuitable, or where it is necessary to cross-examine witnesses. Approximate timescale: 6-10 months from registration date.

If you decide to appeal against a planning decision, we can give sound advice throughout the process from deciding which procedure would be most effective, completeing all relevant documentation and constructing the 'Statement of Case', together with presenting the appeal at Hearings. With Public Inquiry appeals we first prepare the evidence and written 'Proof of Evidence' (for legal counsel to present) and act as Expert Witness.