Planning Appeals

A right to make a planning appeal has strict deadlines and limitations on new evidence being submitted, so it is never too early to consider your options. Our first stage is to review the file and decision to understand if there is an alternative to a planning appeal, with advice on whether revisions would overcome the issues, or strengthen the case. If a revised planning application is recommended to the local planning authority then we can manage the submission and prepare the supporting statements.

In the event that a planning appeal is the only available option, we have the experience of handling a wide variety of appeals. We can fully manage the preparation and submission of an appeal to the Planning Inspectorate – including co-ordination of third party specialist consultants.

In the written representations procedure, the Inspector will decide the appeal based on written material provided by all parties. The Inspector will usually visit the appeal site. This is normally the simplest, quickest and most straightforward way of making an appeal. Most planning appeals proceed by the written procedure and there are Part 1 and Part 2 procedures depending on the nature of the appeal and complexity of the case. We can undertake the following:

• Submission and management of the planning appeal
• Appeal Statements (if permissible)
• Advise on planning obligations (with your appointed solicitors) and liaise with the local authority

The hearing is a structured discussion led by the Inspector. The Inspector identifies the issues for discussion based on the evidence received and any representations made. The hearing may include a discussion at the site, or the site may be visited on an accompanied (without any discussion), or unaccompanied basis. We can undertake the following:

• Appeal Statements
• Statements of Common Ground
• Submission and management of the planning appeal
• Advise on planning obligations (with your appointed solicitors) and liaise with the local authority
• Attendance of the hearing

An inquiry is the most formal of the procedures. Although it is not a court of law the proceedings will often seem to be quite similar. An inquiry is open to the public and provides for the investigation into, and formal testing of, evidence, usually through the questioning (“cross examination”) of expert witnesses and other witnesses. Parties may be formally represented by advocates. We can undertake to provide the following:

• Submit a notification of intention to submit an appeal
• Preparation of the Statement of Case
• Submission and management of the planning appeal
• Attendance at a case management conference
• Preparation of Town Planning Proof of Evidence
• Advise on planning obligations (with your appointed solicitors) and liaise with the local authority
• Attendance at the Inquiry