Appeals – Questions & Answers


Unfortunately, there are some cases in which a Local Planning Authority (LPA) will feel that they are unable to support an application for planning permission or listed building consent. If this is the case, you may choose to appeal the decision..


Q. I have been refused listed building consent and planning permission for a modest extension. What are my options at this stage? There are two main options available to you if you have had listed building consent and planning permission refused for your development proposals. You can either consider revising the scheme to address the concerns of the local authority and resubmit it to them for determination or you can appeal the decision.


Hopefully, the LPA will have set out clear reasons why they considered your proposals to be unacceptable. This should enable you or your architect/agent to redesign the proposals to address these concerns. To assist this process, you may also wish to engage in pre-application discussions with planning and conservation officers to seek advice on what they may find acceptable. You could also seek independent advice from a heritage or planning consultant on how best to achieve your extension.


Alternatively, you may choose to appeal the LPA’s decision by submitting an appeal to the Planning Inspectorate against your refusal. You or your agent will need to set out why you feel that the LPA have incorrectly assessed your proposals and why they should be acceptable. It would usually be prudent to seek independent advice on the chances of a successful appeal.


It is important to note that you must submit your appeal to the Planning Inspectorate within 12 weeks of the date of your decision notice for a householder planning application, or six months for listed building consent.


Q. Who determines a planning appeal? Is the LPA involved?


The second consent was conditional on the provision of a number of further constructional details, which by this time had been finalised, and these were submitted and approved without incident. During construction, a number of minor but necessary variations to the design were required. These were discussed and agreed on site with the LCC conservation officer, and later formalised through the submission of a ‘non-material amendment’ application.


LPOC comment If ever there was a building that required a new lease of life through innovative restoration, repair and reuse then it has to be Slackwood House. The Grade II* listed building was threatened by years of neglect, lack of investment and poorly executed repairs.


The design team’s experience is apparent throughout the project. The organic shape and transparency of the glazed extension contrasts vividly with the uncompromising masonry walls of the farmhouse, and yet each seems to benefit from the juxtaposition.


The project illustrates what can be achieved when the appropriate level of expertise comes together with a supportive local planning authority.


Most planning appeals (including those for listed building consent) are determined by inspectors from the Planning Inspectorate, who act as independent decision-makers appointed by the Secretary of State and are solely responsible for each decision. A very small percentage of appeals, typically those for very large or contentious schemes, are decided by the Secretary of State.


There are three types of appeal procedure that can be followed: written representations, a hearing or an inquiry. Most householder appeals against the refusal of planning permission or listed building consent are determined via written representation. Regardless of the procedure chosen, the inspector will visit the site in order to make an informed decision.


The LPA will be involved in the appeal process, although not as the decision-maker. Once notified by the Planning Inspectorate that an appeal has been made, the LPA must send a completed appeal questionnaire, along with relevant documentation, which sets out their defence for refusing an application. In some cases, the local authority will employ a private consultant to defend a case on their behalf. The local authority is also required to notify any interested people that an appeal has been made and provide the Planning Inspectorate with any representations made.


The Planning Inspectorate will issue a written decision notice, which details how they came to their decision. If the appeal is allowed, the notice will also set out any conditions that will need to be adhered to.


Pegasus Group is a leading development consultancy with a specialist heritage team who are well experienced in dealing with the appeal process.


Please contact us at enquiries@pegasusgroup.co.uk or 01285 641717 if you would like to discuss how we can assist with your project.


Listed Heritage Magazine July/August 2021 63


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