Appeals

Sometimes applications are refused or not determined in the required time.  We always consider options when presented with a refusal and in many instances we will seek to resolve issues through a resubmission.  Where this is not possible, we can appeal the decision.

When reviewing refused planning applications we consider the merits of the case.  What are the reasons for refusal? Are they reasonable and defendable? Are they consistent with other decisions?

Where there is merit in appealing, we build a case to demonstrate why the planning authority should have granted planning permission.  In some instances, where the behaviour is unreasonable, we seek an award of costs.

How we build a case for appeal:

• Review the decision and officer report
• Review relevant planning policies
• consider the councils evidence base
• look at other decisions by the LPA
• consider relevant appeal decisions
• establish if case law precedents can assist the case
• Seek Counsel opinion
• Provide evidence
• Appoint other consultants
• Seek common ground with the LPA
• Seek the removal of some reasons for refusal
• Propose conditions to mitigate harm
• Provide section 106 agreements where necessary.