How do you make a planning appeal?

When you make a planning application you make the application to the local planning authority, and if your application is refused then you are entitled to appeal against the decision. The planning authority should make the decision with regards to your application in line with development plans for the area; if you don’t think this has occurred then you may be entitled to appeal. When the council refuses your planning application, they must do so in writing with reasons. If you are unhappy with the decision then the first course of action should be to ask if changing the plans might make a difference. You should avoid appealing a decision if possible and should instead attempt to negotiate with the council to save costs.

As a last resort you are entitled to appeal the decision, but you must do so within six months, or in some cases twelve weeks, from the date of the application decision letter. You can appeal your decision online and you can have the appeal decided by written representations, or you can have an appeal hearing. When completing your appeal form you must set out your grounds for appealing the decision, directly responding to the local authority’s refusal letter. If the form is not properly completed then the planning authority may ask for additional information, but if this is submitted outside relevant time limits then it may not be considered.

The Town and Country Planning Act provides some of the law on appeals and this should be considered before appealing a decision. If you want to use an expert then you will have to bear the expense of doing so; you will also probably need solicitors to assist with the appeal. The solicitor will look at the application, the reasons given for its refusal and will prepare the necessary paperwork. The solicitor will also represent you at hearings when necessary. The cost of appealing a decision can be significant and can take a long time to be processed; because of this it is worth attempting to get the planning authority to agree with you before you appeal.

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