Planning Appeal

We are a firm of Planning Consultants specialising in Planning Appeals. We have an excellent success rate at an affordable price.

Has your Planning Application been refused?

Depending upon the type of application you have 12 weeks or six months to appeal.

Twelve weeks is the limit for Householder Applications (extensions, conversions, sheds, fences etc), with 6 months being the limit for other types of application such as Full Planning Applications and Outline Planning Applications. See below for more information on Planning Appeals.

Planning Appeal

Have you been issued an Enforcement Notice?

You have six months to appeal an Enforcement Notice and there are several grounds for refusal:

Ground (a) – that planning permission should be granted for what is alleged in the notice (or that the condition or limitation referred to in the enforcement notice should be removed);

Ground (b) – that the breach of control alleged in the enforcement notice has not occurred as a matter of fact;

Ground (c) – that there has not been a breach of planning control;

Ground (d) – that at the time the enforcement notice was issued it was too late to take enforcement action against the matters stated in the notice; has become lawful as it is too late for the local planning authority to take enforcement action.

The onus of proof is on an appellant. The test to be achieved is ‘on the balance of probability’ (a lesser requirement than ‘beyond a reasonable doubt’). Often this involves the ‘four’ and ‘ten’ year rules. Click here!

Ground (e) – that the notice was not properly served on everyone with an interest in the land;

Ground (f) – that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach”;

Ground (g) – that the time given to comply with the notice is too short.

There are different grounds of appeal for heritage-related Enforcement Notices.

What is a Planning Appeal?

In England and Wales, a Planning Appeal is made to the Planning Inspectorate; a semi-independent Government body. This body employs Planning Inspectors, whose job is to objectively review the evidence. They determine whether your planning appeal merits passing. This decision is based upon planning criteria. They also take into account whether your application is unreasonable or causes real harm. Inspectors, in our experience, come to planning applications with a fair, unbiased and considered approach, aiming to allow development where possible.

What is the Planning Appeal Process?

We look into your case, for free, initially and let you know what we think your prospects are at appeal. Sometimes we recommend appealing even if a case has a low chance of success because of the potential reward and / or because the Inspector, even in refusing, can be very helpful in reducing the number of issues a council can rely on to reject a subsequent application.

If instructed we write a Statement of Case setting out our argument. This is a quasi-legal document going into the detail as to why we believe planning policy (both local, regional and national) is on your side. We often rely on precedents and our detailed knowledge of other appeal decisions and court case law in making these arguments.

The Statement of Case, once signed off by you, is submitted. Following that:

A Validation letter is received. This simply confirms the appeal has been submitted according to the “rules”, by the relevant deadline, with all the necessary documents and has been accepted by the Inspectorate. Usually, this comes through within a week or two of submission.

A Start letter is received. This is the official start of the appeal and usually contains important appeal deadlines – for the Council’s documents and any final comments. This is usually only sent once an Inspector has been appointed to the case – when we receive it will depend on when a relevant Inspector becomes available in your local area. For heritage the wait tends to be longer. This is usually received within 1-3 months of the validation letter.

The Local Planning Authority (LPA) (mostly the local Council) submits their questionnaire and supporting documents. The questionnaire is just their version of the “appeal form” we completed when the appeal documents were submitted. The supporting documents will just be relevant local planning policies and documents produced/received at the application stage.

The LPA submits their Statement of Case. This isn’t a requirement, it’s up to the Council whether they submit one or not. Consultation comments – from neighbours and potentially statutory consultees if the Council chooses to consult these – will also come through around this time.

Final comments. This is our opportunity to respond to any comments made by the LPA, consultees and any objectors. If final comments are required, we usually charge an additional day’s work depending on what is needed. We also tend to wait to the deadline to submit comments to avoid giving the LPA an opportunity to issue a further response.

Site visit is conducted. We usually receive notification of this a couple of weeks before the date. We’ll be provided a date and a window of 2 hours and someone will have to be present to grant access.

A decision is issued. This is usually received within a few weeks of the site visit.

Appeals seem on average to be taking between 6 months to a year to reach a decision, with heritage-related appeals taking the longest.

So why are we so successful?

Our staff have very high levels of logical reasoning. In fact this is the number one criteria when selecting new staff. The second is a competitive streak – a will to ‘win’.

We use the same legal database that law firms use to select the right precedent cases. Most Planning Consultancies cannot afford and would not know how to use this database of all UK cases.

Additionally our unusually high success rate is based on our knowledge of the planning system and planning law. We are also very familiar with local councils and their decision making processes because of the background of our staff. Many Local Councils simply cannot justify a planning refusal. Submitting an appeal to the Planning Inspectorate takes the decision out of the hands of the local authority. Instead it is placed it into the hands of an independent inspector.

Our unique team includes:

Our Director with many years experience gaining planning permission on very large (£500m plus) projects and also a former senior Political Leader;
The ex Head of Town Planning for a Local Authority;
A former Head of Development for a Housing provider;
A Heritage and Neighbourhood Plan expert.

We are highly skilled and passionate about winning. We have worked both sides of the fence and understand the process through and through. We hold weekly case conferences where we discuss each case to share expertise and knowledge. With RTPI qualified staff and some significant legal experience we always know the right way to get your planning appeal approved by the Planning Inspectorate.

How much will a Planning Appeal cost?

Less than you think.
We do what is necessary to maximise appeal success but do not apologise for being thorough. We charge much much less than law firms (who often sub the work out to us anyway) but more than one man bands who do not have the resources or experience we gave.

Sometimes a site visit is required, most often not (saving you money). You do not pay for the Planning Inspectorates work – just for our time. Our work includes research, submission and case management.
Get in touch to discuss your case, for free. If we think we can help we’ll send a no obligation fixed cost estimate.

Has Your Planning Application Been Refused? Let Us Help You Appeal Today

Facing a planning application refusal can feel disappointing but it doesn’t have to be the end of the road. At Archipek Planning, we specialise in helping clients navigate the Planning Appeal process with expert guidance and tailored support. Whether the refusal was due to insufficient detail, policy conflicts, or even an oversight by the council, our experienced team is here to assess your case and explore the best path forward.

Don’t let a planning refusal stop your project in its tracks. Whether you’re working on an Extension, New Build, or other development, we’re ready to provide professional advice and help maximise your chances of success. Contact Archipek Planning today to find out how we can turn your planning refusal into an approval.

From Refusal to Approval: Let Us Help With Your Planning Appeal

Our team of Town Planners has extensive experience in successfully handling planning appeals for clients across various projects. Over the years, we’ve supported countless clients who faced planning refusals, helping them understand their options and navigate the appeal process with confidence.

Feel free to Contact Us with your enquiries and our expert team will get in touch with a FREE No Obligation Discovery Chat to discuss your case and explore the best path forward for your planning appeal.

We understand the importance of addressing your concerns early on to ensure a smooth planning and construction process. We provide comprehensive planning consultancy services across the UK.

Our team is here to offer you the detailed information and reliable guidance needed to make informed decisions and help prevent any potential planning and enforcement issues in the future.

For your Planning Appeal needs, we are here to provide expert support throughout the process to increase your chances of a successful outcome.

With our Planning Appeal service, we aim to support you through the process and increase the likelihood of a successful outcome. If you’re wondering about planning fees per application, you can use our Planning Cost Calculator to get the answers you need.

Free Online Enquiry

First, Let Us Have A Look At Your Refusal Letter

If your planning application has been refused and you need expert support, our Town Plannlers can give guidance on your refusals and let you know how viable is the Planning Appeal route is for you. Let our highly-rated 4-Steps Planning Appeal service be your initial guidance. Contact Us with your enquiry, and our dedicated team will reach out to initiate your appeal process.

Secure Your Planning Appeal with the Expert Town Planning Consultants

A planning refusal can be a tough blow, regardless of the size of your proposal. However, there are many factors that may lead to a refusal, and in some cases, this opens the door for the opportunity to appeal. Reasons for a planning refusal can vary, but some common ones include these below.

Insufficient Detail or Supporting Evidence

An insufficient level of detail in the original application or designs, along with a lack of supporting evidence, such as a planning statement or design and access statement, can significantly impact the success of a planning application. These documents are essential for clearly communicating your proposal’s scope, purpose, and potential impact. Ensuring that all necessary documentation is included and well-prepared helps to strengthen your application, reducing the risk of refusal and improving the likelihood of approval.