Moorgate Planning Practice | FAQs | Planning Appeals
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FAQs

When can an appeal be made?

Generally an appeal can be made to the Planning Inspectorate if:

  • No decision has been reached on the application within the statutory period.
  • The application is refused.
  • The applicant does not agree with one or more of the conditions on an approval.
  • The local Planning Authority has served an enforcement notice.
When should I appeal?

The time limit to appeal a refusal is as follows:

Householder application 12 weeks from the date on the decision notice
Planning application 6 months from the date on the decision notice
Listed Building consent 6 months from the date on the decision notice
Conservation Area consent 6 months from the date on the decision notice
Advertisement consent 8 weeks from the date on the decision notice
Certificate of lawful development No expiry date
Enforcement notice Before the effective date of the notice

An appeal against non determination can be initiated on the day after the expiry date; normally 8 weeks or 13 weeks after validation of your application.

What methods of appeal are there?

There are three methods of appeal:

  • Written Representations – this is the quickest method. The appellant and the Council prepare written statements for the Planning Inspectorate to consider. A Planning Inspector will visit the site, normally unaccompanied, and issue a decision. A householder appeal can be undertaken by the written representation method only.
  • Hearing – with the agreement of both parties and where the planning issues are quite straightforward a hearing might be called. This is a relatively informal discussion of the issues involved between the parties which are led by the Planning Inspector.
  • Public Inquiry – each side presents its case verbally before an Inspector and the witnesses are cross-examined by opposing parties in a court room environment. This is the most costly and lengthy form of appeal as it involves professional legal representation and complex arguments.

Whilst we undertake all types of appeal, 99.9% of our appeal work is by the written representation method as it’s the most simple and quickest method of appealing.

Who decides which form of appeal is best for my case?

Householder appeals are always dealt with by the written method.

For other appeals, whilst we put forward a case, the format is ultimately decided by the Planning Inspectorate.

What does it cost to appeal?

The Planning Inspectorate does not currently charge for planning appeals, although this may change in the future.

Enforcement appeals are likely to incur fees in some instances.

Our fees start at £495 +VAT for a householder appeal.

Our fees for other types of appeal are normally based on the proposal being considered; we normally charge in three parts:

  • On instruction;
  • On submission;
  • On submission of rebuttal statement;
  • Post site visit (if applicable).
Do you offer a "no win no fee" appeal service

Yes, we do offer a ‘no win no fee’ appeal rate for some written representation appeals.

This is normally restricted to applications that were recommended for approval by a planning officer, but refused by the planning committee contrary to professional advice.

I have property in other parts of the UK- do Moorgate Planning Practice undertake work elsewhere?

Yes – we will assist with any project where in England & Wales.

Who can appeal?

Householder/planning appeal’s – Only the person who made the planning application has the right to appeal.

Enforcement appeals – anyone with an interest in the land can appeal an enforcement notice (for example this might be the landowner, tenant, leaseholder or mortgage company).

How long do appeals take to be determined?

The Planning Inspectorate has issued targets for appeal decisions to be issued as follows:

Householder appeals Target
Written Representations 8 Weeks

 

Planning appeals Target
Written Representations 26 Weeks
Hearing 26 Weeks
Public Inquiry 26 Weeks

 

Enforcement appeals Target
Written Representations 32 Weeks
Hearing 33 Weeks
Public Inquiry 43 Weeks

 

Advertisement appeals Target
Written Representations 16 Weeks
Hearing 22 Weeks

 

Listed Building/Conservation Area appeals Target
Written Representations 16 Weeks
Hearing 30 Weeks
Public Inquiry 30 Weeks

 

Listed Building/Conservation Area enforcement appeals Target
Written Representations 32 Weeks
Hearing 33 Weeks
Public Inquiry 43 Weeks

 

Lawful Development Certificate appeals Target
Written Representations 32 Weeks
Hearing 33 Weeks
Public Inquiry 43 Weeks
Can I make an application of costs against the council?

We only recommend an application for costs where the local planning authority has been unreasonable.

We will assess all sites on a case by case basis and advise you accordingly, based on advice contained with the NPPG.

What are my chances of success?

Only 33% of appeals are allowed (granted planning permission) by the Planning Inspectorate.

We assess ‘each case on its own merits’ and will be totally transparent and professional with our advice.

What is the Moorgate Planning Practice success rate of appeals?

Our success rate at appeals is 87%.

We have successfully overturned enforcement notices, planning officer delegated refusals and decisions made by planning committees. Our success rate is high as we offer professional transparent advice from the outset on the best chance of success and will not take on no hoper jobs, unless our client fully understands the risks of doing so.

Who considers my appeal?

In England the Planning Inspectorate handle all appeals – based in Bristol.

Welsh appeals are handled by the Planning Inspectorate Wales – based in Cardiff.

PINS are totally independent of the local authority and will look at any proposal impartially and without prejudice.

Our consultants keep in touch with the Planning Inspectorate by attending regular conferences and meetings to ensure we are kept updated.

What information does Moorgate Planning Practice need to assess our refusal?

Please contact us using the enquiry form, stating the full address, local authority and planning application number of your case.

If your local authority is not yet using the internet to display planning applications, please send us a copy of all the relevant plans, planning officer report and decision notice to your local office in or email the information to us at info@moorgatepp.co.uk.

We will not be able to return any information sent to us, so please ensure you retain a copy for your records.

In the first instance please contact us via email or enquiry form.

Will the initial desktop proposal cost me anything?

No – we are now able to offer you a free appraisal.
 
Please send us your case via our contact us page or send us an email to info@moorgatepp.co.uk.
 
Should we consider a further planning application would be the best way to proceed then we will provide a quote to act as your agent for the resubmission.

Will Moorgate Planning Practice submit planning applications for me?

Yes – whilst we promote a planning appeals service we are also able to offer a planning application & architectural design service for any project within England or Wales.
 
We also work closely with other professionals, such as ecologists, heritage experts, highways engineers and landscape architects to compile planning applications.
 
Please contact us to discuss your proposal.

Do Moorgate Planning Practice offer price match?

We offer a professional town planning service & we believe our fees to be very competitive.
 
However should you receive a fee quote from another RTPI/RICS practice we would be willing to consider a price match.

Will someone from Moorgate Planning Practice come to our site and meet us?

In most circumstances there is no need for us to visit you or your site – with the amount of information now available online and our professional experience we can work on your case entirely from our office.
 
Once you have made contact with us you will be contacted by one of our RTPI planning consultants who will handle your case and will be your main point of contact.

How do I contact Moorgate Planning Practice?

In the first instance you can make contact by our enquiry form or email, info@moorgatepp.co.uk.

We will then make contact with you either by email or phone.

How do I pay your fees?

We can offer payment by BACS, or secure online payment by any credit or debit card.

We work closely with you and carry out research to understand your needs and wishes.