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Fair planning, or unfair intervention?

9/4/2025

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An interesting story of residents in an area of London concerned about too much interference by the planning department into their lives - which appears led by other residents concerned the planners are not taking enough interest in their area.
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Photo by Scott Graham on Unsplash
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Appeal Inspector has the final say

5/2/2025

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A scheme for 50 houses was refused unanimously by a Planning Committee in Cornwall, but was allowed at appeal by the Inspector. This demonstrates the importance of showing a robust and persuasive case at the appeal stage by all parties.
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Photo by Marek Studzinski on Unsplash
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How long do appeals take?

3/12/2024

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A common question we receive is how long a planning appeal will take to determine. The Planning Inspectorate publish statistics, which can be found here. Unfortunately it's a slow process of typically around 6 months from validation - note, that validation can take some weeks - but it is quicker than they have been for some years. No
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Enforcement action can catch up in the end

4/7/2024

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Photo by Roberto Catarinicchia on Unsplash
The long-running saga of the householder who built 'Britain's biggest man cave' has nearly come to an end. Despite losing appeals and being told to remove the building, he failed to do so and the Council were forced to take action to demolish - Councils have the power to carry out the terms of the enforcement notice and charge later for it. However, it seems the householder is reluctant to pay those bills.
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New 10 year rule for enforcement

23/4/2024

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The new 10 year period for all enforcement breaches set out in the Levelling Up & Regeneration Act is coming into force. This replaces the 4 year rule for operational development and for change of use to a dwelling. It will apply where any alleged development was substantially completed on or after 25 April 2024
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Number of successful appeals falls

19/7/2023

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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.
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Appeal allowed due to need for housing

8/7/2023

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Photo by James Feaver on Unsplash
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.
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Diddly Squat Farm appeal (partial) win

27/6/2023

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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.
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The need for good design

9/5/2023

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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
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The risk of costs in planning appeals

6/4/2023

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Photo by Steve Smith on Unsplash
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.
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Website and text © Christian Leigh 2020. 
The author is not responsible for your use of the information contained in these pages, in any way whatsoever. The author does not assume and hereby disclaims any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether they result from negligence, accident, or any other cause. Whilst every care has been taken to ensure the accuracy of the content, no responsibility for loss occasioned to any person acting or refraining from action as a result of the material in this publication can be accepted by the author. Persons are advised to take full responsibility for ensuring they act on the basis of advice appropriate to their particular circumstance.
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