FAQs - Appealing a Refusal

Were the Council right to refuse my application?

Receiving a refusal on your application can be a hugely disappointing and frustrating experience. Whether your refusal was expected or completely out of the blue, you need to know what your options are. 

All Applicants who have received a planning refusal have the right of appeal against the decision. 

Appeals against the refusal of planning permission are made to the Secretary of State via the Planning Inspectorate (PINS).

 

PINS are a government body that are independent of your Council.

 

In very basic terms an appeal takes the following route:

  • Planning permission is refused and you disagree with the refusal.

  • You explain, in writing, why you think your local Council are wrong and planning permission should be granted. You submit this to PINS.

  • Your local Council then explain, usually in writing, why they think their decision was correct.

  • A Planning Inspector is appointed to the case who reads both sides of the argument and all relevant paperwork. They also usually visit the site.

  • PINS decide whether the decision was correct or not.

    • If PINS think the Council made the right decision, they dismiss the appeal.

    • If PINS think the Council were wrong, they allow the appeal and grant planning permission.

  • PINS always issue their decision in writing.

  • In most cases, you are not required to pay a fee to PINS for them to process your planning appeal.

  • Planning appeals can take a long time due to the sheer volume of cases PINS have to deal with.

  • There is no third-party right of appeal in the English planning system. This means that neighbours or people who oppose your plans cannot appeal if your local Council approves your application.

If your planning application has been refused and would like an opinion as to whether an appeal is likely to be successful, please get in touch with ADL Planning for an assessment and a fee quote.