If your planning application has been refused, or granted with conditions you can’t accept, you may be considering an appeal. But what does the planning appeal process actually involve? And what can you do to give yourself the best chance of success?
The Planning Inspectorate deal with planning appeal process
When can I appeal?
You can appeal when your planning application is refused, not decided in time, or approved with conditions that make the scheme unviable. Householders usually have 12 weeks to appeal. Most other applications give you six months from the date of decision. Timing is critical; if you miss the deadline, you lose your right to appeal.
Who decides the appeal?
Planning appeals in England are handled by the Planning Inspectorate, an independent government body. They appoint a Planning Inspector to review your case. The Inspector can decide the appeal in writing, or through a hearing or public inquiry depending on the complexity of the issues.
What are the types of planning appeal?
Most appeals follow one of three routes:
Written Representations
This is the most common and straightforward method. You and the Council submit your arguments in writing. The Inspector visits the site and issues a decision based on the paperwork.
Hearing
This is more informal than an inquiry. It usually involves a roundtable discussion with the Inspector, the Council, and you (or your planning consultant). It’s used where matters need clarification but a full inquiry isn’t necessary.
Public Inquiry
This is a formal legal process, typically used for large or controversial cases. Evidence is presented, witnesses are cross-examined, and legal representation is usually required.
What does a planning consultant do during an appeal?
At Norton Taylor Nunn, we start by reviewing the refusal in detail. Was the Council’s decision reasonable? Were local or national policies misunderstood or misapplied? We then build a clear and targeted case, addressing each reason for refusal directly.
We also advise on additional technical reports, updated drawings, or legal agreements if these are needed to make the appeal succeed. Our job is to take the pressure off you, and give the appeal the best possible chance.
How long does the planning appeal process take?
It depends on the type of appeal. Written representation appeals typically take around 4 to 6 months. Hearings and inquiries may take longer, especially if dates need to be arranged with witnesses or legal teams.
Can I change the design during the appeal?
Minor amendments may be accepted, but you can’t usually submit a completely different scheme. If your design has changed significantly, a fresh planning application might be a better route.
What happens if the appeal is successful?
If the appeal is allowed, your planning permission is granted. You can then move forward with your build or development, subject to any conditions the Inspector includes.
And if it’s dismissed?
You won’t get permission, but you may gain valuable insight into what the Inspector considered acceptable. This can guide a revised application. Sometimes a refused appeal is the beginning of a better strategy, not the end of the road.
Should I get help with my appeal?
In short, yes. The planning appeal process is technical and time-sensitive. A well-argued, policy-compliant case can make the difference between success and a wasted opportunity.
At Norton Taylor Nunn, we specialise in appeals across London, the East of England and the South East. Whether it’s a refused householder application or a complex site in the Green Belt, we’ve helped countless clients turn setbacks into approvals.
Next steps
If your application has been refused, don’t wait. Contact us for a free initial call. We’ll review your decision notice and tell you, plainly, whether you’ve got a good case to appeal.
You’ve got options. Let’s make them count.
This blog is for general guidance only and does not constitute legal advice.
