A refusal is not the end of a project. Many refusals turn on a point that can be answered with better evidence rather than a different scheme, and a good number rest on reasoning that does not survive examination by an Inspector. The important thing is to assess the decision properly before deciding what to do, because the appeal is the one opportunity you have and the time limits do not move.
The deadlines
The time limits are strict and cannot be extended. A householder appeal must be submitted within 12 weeks of the date on the decision notice. Most other planning appeals, including refusals of full and outline permission, must be submitted within 6 months. An appeal against an enforcement notice must be made before the notice takes effect, which is ordinarily 28 days after it is served, and that is the shortest and least forgiving of the three.
If the date is missed the right is lost, and the only remaining route is a fresh application. It is worth taking advice within days of a refusal rather than weeks, so that the decision to appeal is made deliberately and with time to prepare the case properly.
If the date is missed the right is lost, and the only remaining route is a fresh application. It is worth taking advice within days of a refusal rather than weeks, so that the decision to appeal is made deliberately and with time to prepare the case properly.
Choosing the procedure
Appeals are determined by written representations, a hearing, or an inquiry. Written representations is the default and suits the majority of householder and small residential appeals. It is the quickest and the least expensive, and for a straightforward case it puts you at no disadvantage.
A hearing is a round table discussion led by the Inspector, and suits cases where the issues benefit from being talked through, particularly where the council's position is unclear. An inquiry involves advocates and cross examination and is reserved for the largest or most contested schemes. Choosing the wrong procedure adds months to the timetable and cost to the exercise, so it is worth deciding deliberately rather than accepting the default.
A hearing is a round table discussion led by the Inspector, and suits cases where the issues benefit from being talked through, particularly where the council's position is unclear. An inquiry involves advocates and cross examination and is reserved for the largest or most contested schemes. Choosing the wrong procedure adds months to the timetable and cost to the exercise, so it is worth deciding deliberately rather than accepting the default.
What makes an appeal succeed
An appeal is not a second attempt at the same argument. The Inspector determines the application afresh against the development plan and other material considerations, so the statement of case has to identify the main issues, meet the reasons for refusal directly, and supply the evidence the original application lacked.
Where a reason for refusal relies on a policy that is out of date, or on an assertion that is not supported by evidence, that is the point to press. Where the refusal is well founded, we will say so, and advise on a revised application instead. An appeal pursued on a weak case costs time that a resubmission would not, and that advice is worth more to you than the fee for running it.
Where a reason for refusal relies on a policy that is out of date, or on an assertion that is not supported by evidence, that is the point to press. Where the refusal is well founded, we will say so, and advise on a revised application instead. An appeal pursued on a weak case costs time that a resubmission would not, and that advice is worth more to you than the fee for running it.
Costs
Either party may apply for an award of costs where the other has behaved unreasonably. Refusing an application against officer advice, or defending a reason for refusal that cannot be substantiated at appeal, can leave a council liable for the appellant's costs. This is worth assessing at the outset, because the prospect of a costs application sometimes changes a council's position before the appeal is determined.
How we work
We prepare and run appeals across Cornwall, including householder refusals, refusals of new dwellings, prior approval refusals and enforcement matters. That covers the initial assessment of prospects, the choice of procedure, the statement of case and supporting evidence, and representation at hearing where the case calls for it. We act for applicants whose original application we prepared and for those who come to us after a refusal by another agent.
Send us the decision notice and the officer's report and we will give you an honest view of the prospects, and of whether an appeal or a revised application is the better route. Call 07765 572311 or use the contact form. If your decision notice is more than eight weeks old, please call rather than email, because the householder deadline may be close.
Send us the decision notice and the officer's report and we will give you an honest view of the prospects, and of whether an appeal or a revised application is the better route. Call 07765 572311 or use the contact form. If your decision notice is more than eight weeks old, please call rather than email, because the householder deadline may be close.
