Following the refusal of your planning application, did you know that under planning law you have the right to a planning appeal against the council’s decision. We can guide you through the planning appeal process and provide professional advice. The Planning Inspectorate is completely independent to Kingston Council and has the power to disregard local planning policies if they do not agree that they are relevant in a particular planning application.
Here at HAD & CO we specialise in submitting appeal statements that details the arguments against the council’s planning refusal reasons. Our appeal would most likely contain an analysis of relevant National, Regional and Local planning policies and an assessment of how they can be applied to support the grant of planning permission, as well as a description of any suitable planning appeal precedents, for example buildings within the local area that have been granted planning consent for a similar proposal.
After submission of the written representations planning appeal, the Planning Inspectorate generally take around 4 to 6 months to decide the appeal based on the information submitted in the appeal statement. The written representations planning appeal is recommended for the majority of schemes that do not have a high degree of complexity.
Our team at HAD is able to prepare and submit a planning appeal that specifically deals with the salient points of your refused planning permission. Our experience enables us to pick up any weaknesses within the council’s planning refusal notice and counter them with a strong, professionally prepared planning argument.
Alternatively, a planning application may benefit from a “free go” within 12 months of your first submission to submit a further application without re-paying the council fee, usually if a planning application is made following an application which has been withdrawn or refused. At HAD we can look in to addressing the reasons for refusal and resubmitting an application on your behalf.
We at HAD & CO are well positioned to advise on whether a refused planning application can be modified and re-submitted or if a planning appeal should be proceeded with.
How long do I have to submit an appeal?
You need to submit your planning appeal to the Planning Inspectorate before your right to the appeal expires. For householder applications, it’s within 12 weeks from the decision date. For full planning applications, it’s six months.
Submitting an appeal
When you submit your planning appeal, the Planning Inspectorate will re-examine your planning application and determine whether your local planning authority made the right decision to refuse your application.
Who is the planning inspectorate and what do they do?
The Planning Inspectorate deals with planning appeals, national infrastructure planning applications, examinations of local plans and other planning-related and specialist casework in England. More info: https://www.gov.uk/government/organisations/planning-inspectorate
Which documents are required for Submitting my Planning Appeal?
Statement of Case Grounds of Appeal
A copy of the original application
The site ownership certificate
The local planning authority’s decision notice (or a copy of the letter acknowledging your application if they did not make a decision)
All plans, drawings and documents sent to the local planning authority
Case study of previous appeal by HAD: