Refused planning permission? Why an appeal is often the beginning, not the end.

A planning refusal can feel like the end of a project. Often it is not. Many good schemes are refused by a local authority and then granted on appeal, where the case is heard afresh by an independent Planning Inspector. The question is not simply whether to appeal, but how to make the appeal count.

How the appeal process works

If your application is refused, you can appeal to the Planning Inspectorate within a set time limit. The Inspector considers the proposal against the provisions of the development plan and with regard to the specific reasons for refusal, and reaches an independent decision. Appeals are decided by written representations, an informal hearing, or a public inquiry, depending on the complexity of the case.

When it is worth appealing

Not every refusal should be appealed. The honest test is whether the reasons for refusal can be addressed on policy and evidence. Sometimes a revised application is the better and quicker route, sometimes the case is genuinely strong and was simply not accepted locally. We give a straight view on which, rather than appealing for the sake of it.

Appeals are won on preparation

A successful appeal is built, not hoped for. It rests on a clear reading of the policy, a well-structured argument that addresses each reason for refusal, and the right supporting evidence, whether that is design, landscape, heritage or technical input. Where design quality is the issue, the architecture and the planning argument have to be consistent.

Our track record

We routinely take complex and policy-sensitive schemes to appeal. The Water Lily House in Alresford secured permission under Paragraph 84E (now Policy HO11 of the NPPF) at appeal, an outcome the Inspector described as nationally significant, and our contemporary replacement dwelling in Seale near Farnham was won at appeal on an extensive fallback position. Refusal was not the end of the road in either case and further opportunities at both sites have been subsequently approved.

Common questions

How long do I have to appeal a refusal?

The time limit depends on the type of application, but it is measured in weeks from the decision and is cited on the decision notice, so it pays to take advice quickly rather than let the deadline pass.

How long does an appeal take?

It varies with the procedure and the Inspectorate's workload, from a few months for written representations to longer for a hearing or inquiry. We set realistic expectations at the outset.

Should I appeal or reapply?

It depends on the reasons for refusal and whether they can be addressed. We will tell you honestly which route gives the better prospect, and why.