How to Appeal a Refused Planning Application in London
A planning refusal is disappointing but not necessarily final. The planning appeal process gives applicants the right to challenge a refusal — or specific conditions — to the Planning Inspectorate. Understanding the process, realistic prospects, and alternatives helps you make the right decision.
Grounds for Appeal
Planning appeals challenge the council's decision on planning merit. The appeal is decided by an independent Planning Inspector who applies the same planning policies as the council (the Local Plan, the London Plan, and the NPPF). The Inspector may agree with the council, disagree and allow the appeal, or allow it with conditions.
Common grounds for successful appeals:
- The council's refusal reasons are not supported by planning policy
- The council's interpretation of permitted development rights was incorrect
- The impact on neighbours was overstated in the refusal
- The council applied design guidance too rigidly without proper consideration of the specific context
Appeal Routes
Written representations: The most common route for householder and minor applications. Both parties submit written statements; the Inspector makes a decision on the papers without a hearing. Typically takes 12–20 weeks.
Informal hearing: An oral session where the Inspector, applicant, and council discuss the issues. Suitable for cases where the oral discussion would genuinely help. Typically takes 20–30 weeks.
Public inquiry: For major or complex applications. Legal representation common. Rarely appropriate for householder applications.
Timescales
Planning appeal timescales have lengthened significantly in recent years. Written representations appeals for householder applications typically take 12–20 weeks from validation to decision. Complex cases take longer.
Costs
Householder appeals do not require payment of an appeal fee. You can submit the appeal yourself using the Planning Inspectorate's online portal (appeals.planninginspectorate.gov.uk).
If you use a planning consultant or solicitor to advise and represent you, professional fees apply.
Costs orders: In exceptional cases, where one party acts unreasonably, the Inspector can award costs against them. This is rare in householder appeals but relevant where the council refused without good policy reason.
Realistic Prospects Assessment
Before spending time and money on an appeal, honestly assess the prospects:
- Has the council cited a clear planning policy breach? If yes, the appeal may be difficult.
- Is the refusal based on neighbours' objections alone (not policy)? Appeals on this basis have better prospects.
- Did the officer recommend approval but committee refused? This is a strong basis for appeal.
- Has the design been tested pre-application with the officer? If the officer was supportive, appeal prospects improve.
The Alternative: Redesign
Sometimes the better course is to address the refusal reasons and resubmit a revised application. A resubmission within 12 months of the original refusal is free of charge (for the application fee). If the refusal reasons are clearly addressable through modest design changes, resubmission may be faster and more certain than appeal.
RCB Design & Build
RCB Design & Build advises clients on planning refusals — helping assess whether appeal or redesign is the better course, and coordinating the planning process as part of the design-and-build service.