Planning Appeals in London: A Homeowner's Guide

• **Grounds for appeal:**
• An appeal can be made against:
• •Refusal of a planning application
• •Refusal of a Certificate of Lawful Development (CLD)
• •Failure of the local planning authority to determine an application within the required period (typically 8 weeks for a householder application) — a non-determination appeal
• •Conditions attached to a planning permission that are unreasonable

**Time limit for appeal:** For a householder application (extensions, loft conversions, garden works), the appeal must be lodged within 12 weeks of the date of the refusal decision.

**Free resubmission before appealing:** Before appealing, consider whether a revised design could address the refusal reasons. In London, there is a right to resubmit a planning application free of charge within 12 months of a refusal (where the resubmission addresses the same proposals). A free resubmission costs nothing and, if designed to directly address the reasons for refusal, may succeed without the time and uncertainty of an appeal.

**Pre-appeal discussions:** The Planning Inspectorate has a pre-application discussion service. While not formal advice, a brief conversation with the case officer can help clarify whether an appeal is likely to succeed.

The vast majority of householder planning appeals in England (over 90%) are decided by the written representations procedure — no hearing or inquiry. This is the fastest and simplest procedure.

**Written representations process:** 1. The appellant (homeowner or their agent) completes the appeal form on the Planning Inspectorate's online portal (PINS Appeals Portal) 2. The appellant submits their grounds of appeal (a statement explaining why the refusal was wrong) and supporting documents 3. The local planning authority (LPA) submits its statement defending the refusal 4. Third parties (neighbours, local groups) may submit representations 5. The Planning Inspector makes a site visit (unaccompanied in most householder cases — the Inspector visits to understand the context, not to conduct a meeting) 6. The Inspector issues a decision (appeal decision) — typically within 24–36 weeks of the appeal being received for written representation cases

• **What to include in the grounds of appeal:**
• The grounds of appeal should:
• •Specifically address each reason for refusal — explain why the local authority's assessment was incorrect
• •Reference the relevant planning policies and how the proposal complies with them
• •Where appropriate, refer to appeal decisions for comparable schemes that were allowed (appeal precedent is persuasive but not binding)
• •Include any supporting technical reports (daylight analysis, design and access statement)

• **Appeal decision:**
• The Inspector issues a written decision (the 'appeal decision letter'). The appeal can be:
• •Allowed (the appeal succeeds — planning permission is granted)
• •Dismissed (the appeal fails — the refusal is upheld)
• •Allowed with conditions (permission is granted but with the Inspector's conditions)

The Inspector's decision can only be challenged in the High Court on a point of law (Section 288 application).

**National statistics:** Nationally, approximately 35–40% of householder planning appeals are allowed (figures vary year to year). In London, success rates tend to be slightly lower because London borough planning policies are often more restrictive, but well-prepared appeals for reasonable proposals succeed regularly.

• **Appeals that commonly succeed:**
• •Proposals refused on grounds that do not reflect an accurate assessment of the design and its impact
• •Proposals where the authority's reason for refusal is internally inconsistent (e.g., a refusal citing 'excessive bulk' when neighbouring similar-scale extensions have been approved)
• •Proposals where an Inspectorate appeal decision on a directly comparable proposal in the same area exists and was allowed
• •Proposals refused on highway grounds where the highway impact is objectively minimal

• **Appeals that typically fail:**
• •Proposals genuinely contrary to the adopted development plan and local policy without clear material planning considerations justifying an exception
• •Proposals in sensitive Conservation Areas or adjacent to Listed Buildings where harm to heritage significance has been correctly identified
• •Proposals where neighbour objections reflect genuinely material planning considerations (significant overlooking, loss of daylight below BRE standards)

**Using a planning consultant:** For a householder appeal, it is possible to proceed without professional representation. However, a planning consultant experienced in London appeals can significantly improve the quality of the grounds of appeal, know which policy arguments are most effective, and identify relevant appeal precedents. Typical planning consultant fees for a written representation appeal: £1,500–£4,000.

**Free resubmission as an alternative:** If the reasons for refusal are design-related and a modified scheme could address them, a free resubmission is often faster than an appeal (4–8 weeks for determination vs. 24–36 weeks for an appeal). The planning consultant can advise whether to appeal the original proposal or redesign and resubmit.