Planning Appeals

Your application has been refused permission, or you have permission but the Council have imposed unreasonable conditions on it, or perhaps you are STILL waiting for a decision, long after eight weeks. Westward Planning can guide you through the options, and deal with it for you.

Have you been refused planning permission?

With the best will in the world there is always the risk that a planning application may be refused for whatever reason. If you have had your application refused, don't worry!

In many cases all that is needed is a discussion and a short meeting with the Council to try and overcome the problems with the scheme. Once these issues are addressed, all that may be needed is a revised planning application (which the Council usually accepts free of charge if the scheme is similar) and that is that. Westward Planning can help you with this and conduct any negotiations for you.

In some cases though, matters get to the stage where negotiation after a refusal is either not practical or appropriate. In these cases the appeal route is the best way forward. The right of appeal is afforded to any applicant who has had their proposal refused permission, and has to be made within six months of the date of the decision.

Westward Planning can lodge an appeal for you and deal with all of the necessary paperwork. Whether or not your application was originally submitted by us, or anyone else we can handle the whole process for you.

Please contact us here to arrange an initial discussion over the options available to you, and to go over the implications of the refusal of permission with you.

Have you been granted consent but with conditions you are not happy with attached to it?

If you have been issued a planning consent but are unhappy with one or more of the conditions that have been attached to it by the Council, you can either apply to them to have it removed or varied or alternatively submit an appeal.

Applying to vary or remove a condition is done to the Council, who will consider the application in a similar way to a planning application. Appealing a condition follows a similar process to that against a refusal of permission.

Please contact us here to arrange an initial discussion over the options available to you.

Has your application been before the Council for many weeks (and has passed their "expiry date") and you have still not heard anything?

If you have a current "live" planning application that is being considered by the Council, and it has gone over its "expiry date" (which is usually eight weeks from the date of registration), unless you have agreed in writing with them that this can be the case you are able to appeal against non-determination. These appeals are comparatively rare and in some case it is worth bearing with the Council to allow them make their decision, however in some instances when an application has become bogged down in intricacies and wrangles, can be a means to move forward.

Making an appeal against non-determination is not a "quick fix" to get a decision, and should not be entered into lightly. If you are in a situation where your application seems to have "stuck" and would like to discuss the options available to you, please do not hesitate to contact us here for an initial discussion.

The appeal system

There are a number of other appeals options that are available, and there are various ways in which they can be handled ranging from an exchange of written statements, to a structured hearing, right up to a Public Inquiry. Generally speaking, appeals are not straightforward matters and often require complex planning arguments to be made and require specialist representation. In all cases, making an appeal can come with the implications of the possibility of an award of costs, either in your favour or against you so they must not be entered into lightly, and their grounds must be based on reasonable planning grounds.

Whatever your situation, Westward Planning can advise you exactly what you need to do and set out all of the options that are available to you, and the best route to follow.

If you are facing any one of the situations shown on this page (or indeed if you have any other queries over making an appeal that may not be shown above) please contact us here to arrange a discussion of the options available to you.

We look forward to hearing from you.