How to Appeal a Refused Planning Application for a London Extension

**When can you appeal a planning decision?**

• Under Section 78 of the Town and Country Planning Act 1990, an applicant can appeal to the Planning Inspectorate where:
• •The local planning authority (LPA) has refused the planning application
• •The LPA has approved the application with conditions that the applicant objects to
• •The LPA has not determined the application within the statutory determination period (8 weeks for most householder applications, 13 weeks for major applications)
• •The LPA has refused a Certificate of Lawfulness application

For London householder extensions, the most common appeal situations are: 1. Outright refusal of a planning application 2. Approval with conditions that are unreasonable, disproportionate, or unnecessary 3. Non-determination (the LPA has not decided within 8 weeks and agreement to extend time was not given)

**Important — only the applicant can appeal**:

The right of appeal belongs to the applicant (the person who made the planning application). Neighbours who objected to a planning application that was subsequently approved do NOT have an appeal right. This asymmetry means that in London residential projects, the applicant (the homeowner) has full control of whether to appeal a refusal.

**The appeal time limit**:

For householder applications (the category most London extension applications fall into), the appeal must be submitted to the Planning Inspectorate within **12 weeks** of the date of the refusal notice. Missing this deadline means the right to appeal the specific decision is lost (though a new application can be submitted at any time).

**Assessing whether to appeal — the key question**:

Before deciding whether to appeal, the applicant should assess whether the refusal reasons can be defended. The Planning Inspectorate assigns an Inspector to each appeal who assesses the merits of the proposal against the relevant planning policy — the same policy framework that the LPA applied. An appeal is NOT a fresh administrative review where different rules apply — the Inspector will apply the same National Planning Policy Framework (NPPF), the London Plan, and the London Borough's Local Plan to the proposal.

• An appeal is more likely to succeed where:
• •The LPA's decision was inconsistent with its own policies or with national planning policy
• •The LPA's decision failed to give adequate weight to material planning considerations
• •The LPA's reasons for refusal are vague, unclear, or not supported by the evidence
• •The LPA refused despite a neutral or positive pre-application advice response
• •The refusal was based on a single objecting neighbour's response rather than policy grounds

• An appeal is less likely to succeed where:
• •The proposal genuinely conflicts with a clear and specific policy requirement (e.g., conservation area design guidance that has been consistently applied by the LPA)
• •The LPA's refusal was based on a detailed assessment by a conservation officer or heritage expert
• •The proposed scheme was significantly out of character with the area and the neighbourhood
• •Pre-application advice was sought and a negative response was received, and the scheme was not significantly changed in response

**Seeking professional advice before appealing**:

For any significant project (where the appeal involves design or heritage arguments), instructing a planning consultant with experience in London householder appeals is strongly recommended. The planning consultant assesses the prospects of success before the appeal is submitted, prepares the appeal statement (the applicant's written case), and may identify changes to the scheme that would make a resubmission more appropriate than an appeal.

**The Written Representations process — how it works**:

For householder planning appeals in England (including London), the default appeal procedure is Written Representations. This is a paper-based process: the applicant, the LPA, and any interested parties (including neighbours who wish to make representations) each submit their cases in writing to the Planning Inspector, who decides the appeal on the basis of these written submissions and an unaccompanied site visit.

There is no hearing and no opportunity for any party to speak directly to the Inspector in the Written Representations process. The Inspector visits the site independently (typically without advance notice to the parties) to assess the proposal in its context.

**The Written Representations process — step by step**:

• *Step 1 — Start the appeal*:
• The appeal is started by submitting an appeal application to the Planning Inspectorate via the Appeals Casework Portal (appeals.planninginspectorate.gov.uk). The application is free for householder appeals (no fee). Required information at submission:
• •Application reference number of the refused application
• •The Planning Inspector's jurisdiction (England)
• •The grounds of appeal (brief summary of why the applicant disagrees with the refusal)
• •Whether the applicant is seeking a hearing or inquiry instead of Written Representations (rarely appropriate for householder appeals)

*Step 2 — Case management*: The Planning Inspectorate acknowledges the appeal and issues a start date. From the start date, the formal timetable for submission of representations begins.

• *Step 3 — Appellant statement*:
• The applicant (appellant) submits their written appeal statement — the case for why the proposal should be approved. The statement should:
• •Respond to each of the LPA's refusal reasons in turn
• •Reference specific policies in the NPPF, London Plan, and local plan that support the proposal
• •Include any relevant pre-application advice that was positive
• •Include any additional plans, drawings, or photographic evidence relevant to the appeal
• •Address any concerns raised by the Inspector's site visit context (materials, height, scale, visibility from the street)

Typically submitted within 5 weeks of the start date.

*Step 4 — LPA statement*: The LPA submits their case statement — typically a more detailed version of the committee report or officer's refusal report, explaining in planning policy terms why the application was refused. Typically submitted within 5 weeks of the start date (concurrent with the appellant's statement).

*Step 5 — Interested party representations*: Neighbours and other interested parties who wish to comment on the appeal have an opportunity to submit representations (written comments) to the Inspector. These are submitted concurrently with or shortly after the main statements.

*Step 6 — Optional final comments*: Both the appellant and the LPA have an opportunity to respond to each other's statements and to the interested party representations. This is a one-round opportunity for rebuttal — not an extended debate.

*Step 7 — Site visit*: The Inspector conducts an unaccompanied site visit to assess the proposal in its context. The Inspector may contact the appellant in advance to confirm that access will be needed to the rear garden (to assess the proposal from the neighbouring garden side) — in which case the appellant must arrange access.

*Step 8 — Decision*: The Inspector issues a written decision letter — either allowing the appeal (granting planning permission) or dismissing the appeal (upholding the refusal). The decision includes the Inspector's reasoning in detail, referenced to specific policy.

**Written Representations timescales for London householder appeals (2025)**:

As of 2025, the Planning Inspectorate's target for Written Representations decisions for householder appeals is approximately **24–34 weeks** from the start date. In practice, waiting times have varied — during periods of high caseload, timescales can extend to 40+ weeks.

• A faster process is possible in limited situations:
• •*Householder Fast Track*: For householder appeals where the only issue is impact on neighbours' amenity (typically rear extension size/impact), the Householder Appeal Service offers a faster process with decisions typically within 8–14 weeks. This fast track is not available for all appeal types — heritage issues, conservation areas, and third-party interests typically exclude this track.

**Written Representations vs Hearing vs Inquiry**:

| Process | When used | Timescale | Cost | |---|---|---| | Written Representations | Most householder appeals | 24–34 weeks | Lowest | | Hearing | Where oral exchange is beneficial (complex mixed-use, large residential) | 24–40 weeks | Medium | | Inquiry | Major applications, significant disputes of fact | 40–60 weeks | Highest |

For London householder extension and loft conversion appeals, Written Representations is almost always the appropriate process. Hearings and Inquiries are disproportionate for most residential householder cases.

**When resubmitting is better than appealing**:

In many London householder planning cases, a revised application is a more practical route to approval than an appeal:

• *Resubmission is better where*:
• •The LPA's refusal reasons are valid — the proposal genuinely fails on a specific policy requirement that a design change can address
• •The design can be modified to address the refusal reason without losing the core value of the project (e.g., reducing the depth, lowering the eaves height, changing the materials, revising the dormer design)
• •Planning officer pre-consultation suggests a revised scheme would be acceptable
• •Speed is important — a revised application may be determined within 8 weeks, compared to 24–34 weeks for a Written Representations appeal

*Resubmission free of charge in the first year*: Where a householder planning application is refused, the applicant can submit one revised application free of charge within 12 months of the original refusal date (the free resubmission is a right under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012). This free resubmission opportunity should always be explored before committing to an appeal.

**Where both a resubmission and an appeal are appropriate**:

In some cases, the best strategy is to submit a revised application (to secure planning permission more quickly if the revision resolves the LPA's concerns) and simultaneously pursue an appeal on the original scheme (as a fallback in case the revised application is also refused). Running both in parallel is legally permitted. If the revised application is approved, the appeal can be withdrawn. If the revised application is refused again, the appeal on the original scheme remains live.

**Costs in planning appeals**:

• Unlike court litigation, each party in a planning appeal typically bears their own costs. There is no automatic award of costs against the losing party. However, in some situations, an award of costs can be made against a party that has behaved unreasonably:
• •Costs against the LPA: where the LPA refused an application for reasons that are manifestly unsupported by planning policy; or where the LPA refused to engage in pre-application discussions; or where the LPA failed to meet procedural requirements
• •Costs against the appellant: where the appellant pursued an unmeritorious appeal; or where the appellant sought a hearing or inquiry in circumstances where Written Representations was clearly sufficient

Costs awards in London householder planning appeals are not common for straightforward disputes — they are more likely in commercial cases and major developments. However, where an LPA has clearly acted unreasonably (for example, refusing on grounds that contradict their own pre-application advice), a costs application alongside the appeal is worth considering.

**Cost of professional representation at planning appeal**:

• For a Written Representations appeal on a London householder extension:
• •Planning consultant (preparing appeal statement and managing the appeal): typically £1,500–£3,500
• •Architect (if additional drawings or design revisions are needed for the appeal): £500–£1,500 additional
• •Planning barrister or counsel (rarely needed for householder appeals): £2,000–£6,000

For smaller projects where the appeal issues are relatively straightforward, some homeowners choose to submit their own appeal (without professional representation) — the Planning Inspectorate's process is accessible to non-professionals, and the appeal statement simply needs to explain clearly why the proposal should be approved. However, where the appeal involves heritage, conservation area, or complex policy arguments, professional representation significantly improves the quality and prospects of success of the appeal.