When can you appeal?

The timeframe for appealing depends on what you wish to appeal. You can appeal a planning refusal, a planning enforcement notice or a planning condition which forms part of your approval.

If you have had a planning application refused, for householder planning applications you have 12 weeks and for full planning permission 6 months applications from the decision date to lodge an appeal. This might sound like a long time however; appeals can be very complex and take time to prepare so you do need to act as fast as possible. If you leave it too late it might not be possible to put forward the strongest case, which could reduce the chance of winning your appeal. After 6 months and 1 day it is no longer possible to appeal a planning rejection regardless of the circumstances.

Should you wish to appeal a condition of your planning approval you have 6 months from the date of the appeal in which to lodge an appeal. It’s worth bearing in mind the same planning authority that imposed the condition(s) will handle the appeal to change or remove a condition. For this reason, a very strong case would need to be put forward to justify why they should change their view. The good news is that if you do wish to appeal any conditions of your approval you can do so without risking your original planning approval being overturned. However, it is also possible they could add further conditions when handling the appeal.

If you have received a planning enforcement you will have a very short deadline with which to appeal or comply, usually 28 days, so you need to act fast. If you miss the deadline then you will lose the right to appeal and will instead need to comply with enforcement which would mean putting the property back to its original state.

In order to advise you on the best course of action for your appeal we need to conduct a planning appraisal. We will ask for as much detail as possible including photos of the development in question, copy of the rejection letter or enforcement notice as applicable. Our planning consultants will then check the relevant planning policies, check the planning history and also look for any constraints that may affect your project.

Once we have carried out all the necessary research, we will arrange a planning consultation to discuss our findings. The planning consultant will advise you which would be the most appropriate course of action and the likelihood of success. Should you wish to instruct Studio Charrette to manage your appeal we will of course provide a quote and can take care of everything from start to finish.

Contact us now to speak with one of our expert planning consultants to find out what is the best approach for your planning enforcement and the likelihood of success.