FAQ

Question. - Why should I instruct Planning Appeals Limited to pursue my planning permission rather than, say, my local Architect?

Answer- The primary skill of Architects is the design of buildings. Many Architects do, of course, submit planning applications and planning appeals, with varying degrees of success. Some even have a working understanding of planning law. We have great respect for the skills of Architects, and we often work alongside a client's own Architect.

We have expert solicitors who undertake the legal work. The Planning legal team is managed by Dr. Robin Hooper a solicitor and former Chief Executive of two Councils and he has worked in various geographic parts of the country. He has dealt with planning matters of all shapes and sizes. Planning Appeals Limited undertakes all of the administration of the appeal and manages the appeal process to ensure that best value is achieved throughout and as a consequence we can keep costs to a very competitive level.

Question - Why should I appeal?

Answer - If you want to carry out the development you need to either appeal in order the matter can be heard by an independent person or you could resubmit the application to see if the council would allow it next time. The Council is unlikely to approve an application in the same form that they have just refused so an appeal is the best way to see if permission can be approved.

Question- How are you able to keep costs so low?

Answer - We use the legal team for those parts of the work that their legal expertise is required, we use the internet as much as possible for gaining the information, we use e mails wherever we can to keep costs low, and we use skilled administrative and customer services personnel to deal with the case management who know what they are doing so can do it much quicker thereby keeping costs competitive and low.

Question -What timetable will be followed?

Answer- The appeal has to be made within six months of the date of the refusal notice. The following timetable then applies:

i. The appellant sends to Planning Appeals Limited the instruction and other documentation and within 28 days the appeal will be made.
ii. When the planning inspectorate has registered the appeal the inspectorate will confirm in writing the "starting date". This constitutes the commencement of the timetable set out below. This has to be complied with or the information sent in may not be considered.
iii Within two weeks of the starting date the LPA will send us and the planning inspectorate a questionnaire which they have filled in. They will also inform interested parties about the appeal.
iv Within six weeks from the starting date the both parties can send a statement of our case to the planning inspectorate, however for a written representation appeal the full case must be made within the initial appeal application. Therefore the six week statement should only relate to issues raised by the questionnaire and any supporting documents. The planning inspectorate will send the LPA and us a copy of what each other has sent and any comments from interested parties, if they were submitted within the permitted time.
v Within nine weeks from the starting date both parties can send the planning inspectorate any comments they wish to make on each others statements and any third party comments.
vi Upon receipt of the statements an Inspector will be appointed and will arrange to visit the site if necessary, look at the statements then make a decision. That could take three months from the last date of the final statements being submitted.

vii It could be six months from the date when the appeal is made to when the decision is made and communicated to us.

Question- Will you need to look at the appeal site?

Answer- Normally an inspection is not necessary, providing we have copies of the plans, application forms and decision notice. Further information is acquired from maps, satellite photography and the local authority's website.

Question- How many appeals are made each year?

Answer- About 22,000 p.a. over the past three years. The source document for this is the Planning Inspectorate own published documents

Question-.How many appeals are successful?

Answer- Over the last three years it has ranged from 33 to 35%

Question- What if the inspector refuses my appeal?

Answer.-. All is not lost! Sometimes the inspector will make statements or indications of what would be acceptable within the report. This would require a member of the legal team to study the report and extract information that may further assist you, if you wish to negotiate further with the planning department. Using the inspectors report as leverage, the main points may be used to agree an amended scheme, which may not have been supported from the outset.