Appeals Archives - Planning Design Ltd

Appeals – Case studies

28th November 202227th April 2022 by Gary Stringer

As the following case studies illustrate, at Planning & Design Practice we are vastly experienced in the appeals process and know how to present your case in the best possible way and bring all relevant factors to the attention of the Inspector to maximise the chances of success.

The following case studies provide a flavour of the breadth of appeals we have dealt with over the last 5 years or so, for both residential and commercial clients.

Land to the west of Denby Hall Business Park, Denby, Ripley DE5 8LE; Public Inquiry; Appeal reference – APP/M1005/W/20/3265602

We acted as expert planning witness at a Public Inquiry relating to a refused application for 3 large commercial/industrial units at Denby Hall Business Park. The council had refused the application due to the site’s Green Belt location but the Inspector concluded that “the conflict with the development plan policies is clearly outweighed by the social, economic and environmental benefits in favour of the appeal proposal.”

Appeals – a beginners guide

5th December 202227th April 2022 by Gary Stringer

The planning appeals process is often seen as something of a dark art shrouded in secrecy. Here, our Director Richard Pigott seeks to demystify the process with some key facts about what you can expect when you seek to challenge a council’s decision.

Planning appeals are decided by the Planning Inspectorate (PINs), an independent governmental body based in Bristol but with Inspectors based all over the country.

Appeals are typically lodged by an applicant against the refusal of planning permission, although it is also possible to appeal against specific planning conditions on an approval. In fact, you don’t actually have to wait for the council to make a decision before you lodge an appeal – if the application is not determined within the statutory time frame (8 weeks for householder and minor applications and 13 weeks for major applications) you can appeal against non-determination of the application. However, you should think twice before doing so as appeals are not a quick option – they generally take 4-6 months to decide. But if you know which direction the application is heading you can effectively take matters out of the council’s hands and leave it to PINs to decide.

There are 3 types of appeal procedures: written representations; an informal hearing; and an inquiry.

It is possible to request a particular procedure, although PINs will ultimately decide on the most appropriate procedure based upon a number of criteria.

Most appeals will be decided by way of written representations, with only the more complex and/or controversial appeals being determined by hearings or inquiries. The informal hearing takes the form of a round the table discussion led by the Inspector whereas the format of a Public Inquiry is more adversarial and legal representation in the form of a barrister is often sought. A benefit of these processes is that they provide opportunities for presentation and discussion of the evidence from both the Council and the appellant and 3rd party expert witnesses can be invited. Thus, your credibility as appellant and the positive aspects of a project can be promoted to best effect. It follows, therefore, that appeal costs can ramp up significantly, particularly for a public inquiry.

Something we are often asked by clients is whether they will get their costs back if they win the appeal. Parties in planning appeals normally meet their own expenses and costs do not, as a rule, follow the result. However, where a party has:

– (1) behaved unreasonably; and
– (2) this has directly caused another party to incur unnecessary or wasted expense, they may be subject to an award of costs.

In practice, examples where costs may be awarded include, inter alia, failure to substantiate a stated reason for refusal; Planning Authorities clearly failing to have regard to government policy or its own adopted policies; Appellants pursuing a clear ‘no hope’ case; Late withdrawal of an appeal, late cancellation of an event or late cancellation of an enforcement notice.

Another question we are often asked is what are the chances of success at appeal? For householder appeals in 2021/22, 36% of appeals were allowed. For all other appeals (excluding enforcement and listed building appeals) the figures for 2021/22 show that the percentage of appeals allowed was 28% for written representations, 37% for hearings and 55% for inquiries. Nationally the average success rate is around 36% of all appeals, although this varies significantly depending on the type of appeal.

It is clear, therefore, that the chances of success improve significantly when the appellant is able to put their case more extensively and persuasively at a hearing or inquiry. It is, however, also fair to say that a well-argued case will significantly improve one’s chances of success whichever procedure an appeal follows. At PDP we pride ourselves on doing exactly this and in this link will showcase some case studies which illustrate the breadth of our appeals experience.

Richard Pigott, Director – Chartered Town Planner, Planning & Design Practice Ltd

Decision overturned allows conversion to flourish

28th November 202222nd March 2022 by Gary Stringer

Decision overturned! Planning & Design Practice successfully overturned a decision to refuse prior approval for the change of use of an agricultural building to three dwellings at Flourish Farm, Dale Abbey, Derbyshire under Class Q of the General Permitted Development Order (GPDO).

The building is a simple structure, enclosed on three sides with concrete block work walls. Above the block work the walls of the barn are finished in vertical timber cladding on two sides (north and west elevations), the east elevation is clad in profiled steel cladding above this, the roof is corrugated metal sheet roof.

The main issue the Inspector had to consider was whether the appeal building would be capable of functioning as a dwelling and whether the proposed development would fall within the definition of development permitted by the GPDO.

The Inspector found that the building would be capable of functioning as three dwellings, concurring with the appellant’s position that the building is structurally sound, and no significant improvements or modifications are required to facilitate the conversion.

The Inspector also agreed that the installation of new external walls only represents a small percentage of the building, disagreeing with the Council’s position that the closing of these openings would be so significant to amount to a rebuilding of the barn.

On the basis on the above the Inspector resolved to grant the appeal and allow the conversion of the building under Class Q of the GPDO.

Class Q’s are something Planning & Design Practice Ltd are well versed in, having helped lots of home owners imagine and realise their dream homes. The permitted development right is a notoriously complicated and thorny issue with many Planning Authorities. Since the permitted development right was introduced, there have been several notable appeal decisions which have altered and clarified how Class Q applications should be dealt with by an Authority. You can read more about this here.

We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas including barn conversions (both via a planning application and Class Q) and farm diversification schemes. Please don’t hesitate to contact us for a no obligation consultation to discuss your project or property.

Appeals – Case studies

Appeals – a beginners guide

Decision overturned allows conversion to flourish

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