Can I appeal my planning refusal?
The planning system unfortunately is not black and white, therefore there are many grey areas and different professional opinions. Planning policy and even the law is subject to interpretation.
Therefore it is important to instruct a professional Chartered Planning Consultant to advise on planning matters and to assist with the process. 4D Planning offer our clients in-depth knowledge and expertise to help the applicant avoid making costly and timely mistakes.
Many clients come to 4D Planning once their applications have been refused planning permission asking for help. There are times 4D Planning will take on the task to advise the client to appeal, and there are times that we will advise to submit a revised planning application. However unfortunately not all refused applications can be challenged successfully, therefore 4D Planning will only take on projects which we feel comfortable appealing or revising. We will always review the initial application documents and advise in writing our thoughts on the prospects of appealing.
You can appeal a decision made by a local authority on a planning application if you disagree with it or if the application wasn’t determined within eight weeks (for a typical householder development) or 13 weeks for major developments. The appeal is decided by a independent government body called PINS (The Planning Inspectorate). They are not connected to the Council and they will look at the appeal documents with no bias.
An application that is not decided by the Council within 8 weeks can be appealed for a non-determination. This will remove the Local Planning Authority’s rights to continue assessing the application and the Inspectorate will make the final call.
User’s guide to make a planning appeal
Sometimes the proposed development is too ambitious, or the planning officers has made the wrong decision (this happens too), and the application is rejected, you can prepare a Planning Appeal. Planning Appeals Manchester.
Many of our clients are improving their homes by remodelling, renovating or extending their property. For domestic extensions and internal remodelling you can apply for a householder planning application. If the application is refused, there are a number of options available to you. Firstly, you might consider amending the original design and address any concerns raised by the Council. The second option is to appeal to the Planning Inspectorate and to challenge the Council’s decision to refuse the application.
Our Chartered Planning Consultants will firstly offer you planning advice by researching the reasons the application was rejected, and advise whether an appeal is the best move forward in the right direction. We can then prepare a strong and convincing Planning Appeal for your application in Manchester, London and around the UK.
How much would it cost to appeal a planning decision?
The Planning Inspectorate does not charge to assess an appeal, however if an appeal goes to a hearing (which is not usually the case) then additional fees may be applicable.
The Planning Inspectorate is a government body completely independent of the local Council and is therefore not prejudice or biased, and they will review the planning application with a neutral perspective.
What is the procedure for submitting a planning appeal?
The Planning Inspectorate will receive your appeal and will validate it within their timescales. Once the appeal is validated (the same with a typical planning application) the Planning Inspector will be appointed to be the case officer. A letter is then sent to the applicants with dates and instructions. A Planning Appeal for a householder application would usually take up to 8 weeks to be determined.
If you require assistance with your appeal or Planning Advice Manchester, please get in touch with us.
How long do I have to appeal?
If you disagree with a decision made by the Planning Officers, you will have a chance to appeal within 6 months of the date on the decision notice from your local planning authority. For Householder Planning Applications you must carry it out within 12 weeks. The deadline’s earlier if you’ve received an enforcement notice – you must commence the process within 28 days of the notice.
There are no third party rights of appeal – so if you have objected to a planning application and it is approved by the LPA then you cannot appeal that decision.
Only applicants or their appointed agents such as 4D Planning can carry out this process.
For your interest, see here some samples of our successful appeals: Click here
If you would like assistance and guidance with your refused planning application, get in touch with us and we will offer you a no-commitment appraisal and quote for preparing a revised application or an appeal. If we feel that there is a little chance to challenge the refusal and there is no other way to revise the application, we will let you know in writing.
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