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APPEAL

When you just don't agree with the refusal

Planning applications are stressful, and when they result in a refusal it can be upsetting, disappointing and frustrating.  If there doesn't appear that anything can be amended or revised, but a fundamental objection, there can be little choice but to appeal the decision.

The appeal process

In much the same way as acting as your agent for a planning application, I can handle the appeal on your behalf, dealing with both the administrative function of collecting the paperwork (plans, statements, any correspondence and the like) together with completing the appeal forms and the necessary planning policy statement / grounds of appeal.


Before rushing to make the decision to take your application to the Planning Inspectorate, it is work considering if your proposals can be revised in some way, which doesn’t necessarily mean reduced in size, then this too can lead to an acceptable form of development.  Poorly presented drawings result in a development looking flat, bland and of poor design, it can simply be the case that the redrawing of detailed elevations and floor plans, accurately portraying the fenestration is enough to overcome the concerns of the planning officer.  I will advise of this, as usually a resubmission to the local planning authority is a much quicker and efficient way to gain a planning permission.


However, assuming that there is no scope for revisions, the three different ways of making an appeal (depending greatly on the scale of the proposed development) are:

  • Written Representations - this is the most common route for an appeal. Your application is presented to the Planning Inspector (PINS) and I will respond to any statement(s) made by the local planning authority within a timeframe set by PINS.  A Planning Inspector will visit the site either accompanied by representatives from both parties or unaccompanied.  After the site visit and consideration of the application, a decision is then made, usually within 5 weeks of the site visit.
  • Hearing - this procedure involves an informal hearing where both sides and third parties can present their case verbally to the Inspector. It takes the format of a discussion and generally lasts up to a day.  It is not used for major or contentious applications (such as wind farms).  A decision is usually issued within 6 weeks of the hearing.
  • Public Inquiry - this is a formal and judicial process suitable for complex applications with a good deal of public interest. It is unlikely that this procedure will be used.


I can make an appeal on your behalf regardless of whether or not we have made the original planning application.  If I was not the original agent, then it is important that you (or your previous agent) supplies me with copies of all correspondence, plans and documents from the application.

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North Park House - Wilmingham Lane - Freshwater - Isle of Wight - PO40 9UG

simon@sjcplanning.co.uk

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