Research shows that the number of successful appeals has fallen to a 5 year low, at just 18% being allowed. Our guide gives advice on how to prepare and submit your planning appeal, to give you the best chance of getting your planning permission.
The lack of housing supply can be important in determining whether an appeal is successful: if there is a shortfall, there is a presumption in favour of sustainable development. A potential housing site that had been considered for development for many years in Surrey finally got the approval at appeal, partly on the basis of the need for housing.
Jeremy Clarkson's appeal for his farm shop and restaurant in Oxfordshire has finally been decided, with a partial victory for him: the shop remains with a car park for a temporary period, but his proposed restaurant cannot take place. Appeals can be complex, and are important to get right. See our book for more advice.
Good design is sought by planning policy, which partly led to a dismissed appeal in Kent on the grounds of 'generic' design in an AONB. But that decision is now being challenged in the Courts by Berkeley Homes
The award of costs against any party in planning appeals is relatively rare, but it is a risk to be aware of. A Council, an appellant or a third party are all at risk in having costs given against them if they behave unreasonably either during the course of the appeal, or in actions that led up to the appeal. A recent case in Yorkshire showed how a Council's failure to adequately explain why they refused permission led to the appellant's costs being paid by them. Our book explains how to minimise the risk of costs being awarded against you.
The popular Amazon series of Clarkson's Farm and the troubles he has had with the local planners has shown the difficulties of reconciling those who support rural development and those who are concerned with the impacts. A complex appeal and Hearing is underway to decide whether he has breached planning control, and if permission should be granted.
Recent reports suggest that there has been a 28% increase in the number of appeals being allowed, most notably where Planning Committees have refused permission contrary to a recommendation from planners to approve, and so the Inspector has subsequently allowed the appeal. Our books can help you put your case effectively at appeal, to maximise your chance of success.
Planning appeals can take a long time. A story in Suffolk reports the delays for one appellant that meant building prices increased considerably since refusal. Make sure you give your appeal the best chance of success with our guide.
An appeal has been allowed in West Sussex for new housing and costs awarded against the Council, with the Inspector describing the Council's actions as 'the eptiome of unreasonable behaviour'. All parties have a responsibility to behave correctly before and during an appeal, or risk an award of costs.
The new Prime Minister, Liz Truss, has said that 'it is too easy for local councils to be overruled by the Planning Inspectorate' and that she is asking the new Secretary of State to look at the issue of what powers the Inspectorate have. Will this change the appeal process? We shall wait to see.
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