Appeal against a Planning Decision? Why Bother?

If you’ve had a planning application refused you have probably thought about making an appeal against it. But is it worth the effort? Will you just be refused planning permission again?

Well the good news is ….. 1 in 3 Planning Appeals is Successful!

 In 2016/17 there 11,449 appeals decided of which 3744 were allowed. Therefore, there is a 1 in 3 chance of being successful with your appeal!

Planning applications are often refused incorrectly, for many reasons:

  • Overturning a planning officer’s recommendation
  • Misinterpretation of planning policy
  • Decisions overly swayed by strong objections

An appeal can be a useful strategy to determine whether parts of the proposals are acceptable (the principle etc) or when planning applications are approved with onerous conditions, or conditions which the applicant does not feel are appropriate.

If you are planning :

  • Your dream extension,
  • Your dream house
  • A property investment opportunity

These good odds for a successful appeal make it worth serious consideration.

A Planning Appeal can be submitted if:

  • A planning application is refused
  • No decision is made within the statutory (8–13 week) period. This is called an appeal against non-determination
  • Planning Approval is granted subject to conditions which are onerous or inappropriate

Planning Appeal Case Study – Success!!

WPS Planning has dealt with many planning appeals. During 2017 WPS managed a number of successful appeals.

Here we highlight an interesting case where our appeal was successful.

New dwelling in the Green Belt

The appeal followed the refusal of planning permission for a new dwelling within the garden of an existing house. The Council had refused it on the basis that the proposed house would be within the Green Belt and outside the village boundary. Therefore it was deemed inappropriate development.

Our argument was, that whilst the house was within the Green Belt and outside the village boundary, it formed part of the street scene and was considered to relate well to the setting of the village.

The Planning Inspector made the following points in their decision:

  • The existing house is a clear continuation of development on this side of the road fronting Mill Lane.
  • As such in visual terms the appeal site relates better to that part of Mill Lane within the development boundary than to the land beyond .
  • Thus the appeal site appears to be within the settlement rather than in the countryside beyond
  • I see no reason why in this instance filling in the gap between the existing house and such a clearly defined boundary should not be regarded as infill development to which bullet point 5 of paragraph 89 applies.

The Planning Inspector concluded:

“I have found that the proposal would not be inappropriate development in the Green Belt and in all other key respects is entirely satisfactory. For the reasons given above it is concluded that the appeal should be allowed.”

We had provided a strong robust argument, drawing on our extensive knowledge and experience. With the right approach, an appeal can often achieve a successful outcome for the Applicant.

Should I Appeal?

If you’re not sure whether to appeal a Planning decision, get in touch. Call us on 01403 295025 or email us at  info@wpsplanning.co.uk

 

 

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