Planning Appeals: What to Do When Your Application Is Refused

• A planning appeal can be made against:
• •A refusal of planning permission
• •A refusal of listed building consent
• •A refusal of a lawful development certificate
• •An approval subject to conditions the applicant considers unreasonable
• •A failure by the LPA to determine an application within the statutory time limit (8 weeks for householder applications; 13 weeks for major applications) — this is a 'deemed refusal' and can be appealed
• •An enforcement notice (appealing a notice issued by the LPA requiring you to reverse a development)

**Who decides appeals**: Appeals are determined by the Planning Inspectorate (PINS). For most householder appeals, the decision is made by a Planning Inspector on behalf of the Secretary of State for Levelling Up, Housing and Communities (or equivalent ministerial title — this changes with government). The Planning Inspector is independent of the LPA and applies national planning policy (National Planning Policy Framework — NPPF) alongside the development plan (Local Plan and any neighbourhood plan).

• **The time limit for appealing**:
• •Householder appeals: **12 weeks** from the date of the LPA's decision notice
• •Full planning permission appeals: **6 months** from the date of the decision notice (or 6 months from the end of the period for determination if the LPA failed to decide)
• •These are strict deadlines — appeals submitted after the deadline are invalid

• **Should you appeal or reapply?**
• Appeal if:
• •The LPA's reasons for refusal are based on an incorrect application of planning policy
• •The development is clearly supported by national policy (NPPF) or the Local Plan and the LPA has applied local policy incorrectly
• •The refusal was based on neighbour objections rather than legitimate planning grounds (neighbour opposition is a material consideration, but it cannot override policy)
• •The project is time-sensitive and you cannot afford to delay with a revised application

• Consider reapplying instead if:
• •The LPA's reasons for refusal are design-based and can be addressed with relatively minor design changes
• •A pre-application discussion with the planning officer has identified changes that would make the scheme acceptable
• •The refused scheme was the applicant's preferred option and a revised scheme could achieve most of the same objectives
• •The planning officer has indicated informally that a modified design would be approved

**The appeal success rate**: Nationally, approximately 35–40% of householder planning appeals are allowed (overturning the LPA refusal). However, this average conceals significant variation — appeals where the LPA's reason for refusal is genuinely weak or based on incorrect policy application have a much higher success rate; appeals where the LPA had legitimate design or policy reasons have a much lower one.

Planning appeals can be determined via one of three procedures, depending on the complexity of the case:

**1. Written Representations** (most common for householder appeals): Both parties (appellant and LPA) submit written statements setting out their case. There is no formal hearing — the Inspector reads the statements, usually visits the site, and issues a decision in writing.

• **Typical timescale**: 14–26 weeks from start of appeal to decision
• **When it's used**: Most householder planning appeals; simpler commercial appeals; cases where the planning issues are factual and straightforward
• **How to prepare**: A clear, concise written statement addressing each reason for refusal with specific reference to NPPF policies and the relevant Local Plan policies is far more effective than a lengthy narrative. The statement should:
• •Accept the LPA's legitimate concerns (if any) and show how the scheme addresses them, or
• •Challenge the LPA's characterisation of the scheme by reference to policy, comparable decisions, or evidence

**2. Hearing**: A less formal discussion chaired by the Inspector. Both parties attend and are questioned by the Inspector. Witnesses may be called but the format is conversational, not adversarial.

**Typical timescale**: 20–36 weeks to hearing; several weeks further for the decision **When it's used**: More complex cases; cases involving a limited number of key issues that benefit from direct discussion; cases where the Inspector wants to interrogate specific evidence or policy interpretation

**3. Inquiry**: A formal quasi-judicial hearing with cross-examination of witnesses, similar in structure to a court. Legal representation is common. Complex and expensive.

**Typical timescale**: 30–60 weeks or more **When it's used**: Major development appeals; cases involving significant policy conflict; cases where the LPA's case is legally complex; cases where precedent or principle is at stake **When it's appropriate for domestic projects**: Rarely — a planning inquiry is typically disproportionate for a householder extension. It might arise for a sensitive conservation area application or listed building appeal where the LPA mounts a strong formal challenge.

The Planning Inspector must determine the appeal in accordance with the development plan 'unless material considerations indicate otherwise' (Section 70(2) Town and Country Planning Act 1990 and Section 38(6) Planning and Compulsory Purchase Act 2004). The NPPF is the primary material consideration in England.

• **Key policy tests for householder extensions**:
• •Impact on the character and appearance of the area (most refusals for extensions cite this)
• •Impact on the amenity of neighbouring properties (daylight, sunlight, privacy, outlook, overbearing impact)
• •Impact on the highway / parking (less common for domestic)
• •Impact on designated assets (listed buildings, conservation areas, trees protected by TPO)

**How to strengthen a written representations appeal**:

1. **Address each reason for refusal directly**: The Inspector reads the LPA's Decision Notice. Address every reason for refusal with specific policy references and factual evidence — do not be general.

2. **Use appeal decisions as precedents**: The Planning Inspectorate publishes all appeal decisions. Find decided appeals for similar-sized extensions in similar contexts — especially in the same LPA area — and reference them directly. A consistent body of Inspector decisions allowing similar schemes in the same area is powerful evidence.

3. **Commission a heritage or design statement if the area is sensitive**: For conservation area or listed building appeals, a professional heritage/design statement from an architectural historian or conservation architect adds significant weight.

4. **Document the daylight and sunlight impact**: For appeals involving impact on neighbours' light, a BRE 209 daylight and sunlight analysis (VSC — vertical sky component; APSH — annual probable sunlight hours) provides objective evidence that the LPA may not have commissioned.

5. **Use the site visit effectively**: Indicate in your appeal questionnaire that there are specific site conditions the Inspector should see. The Inspector's site visit is unaccompanied for written representations — but a plan and photos clearly showing the site context can direct their attention to relevant conditions.

**Costs and professional representation**: For a householder written representations appeal, professional representation (planning consultant or planning solicitor) costs approximately £1,500–£4,000 for a straightforward case. Costs are not normally awarded in planning appeals — each party bears their own costs — unless the LPA has acted 'unreasonably' in refusing or defending the appeal (an application for costs can be made alongside the appeal).