Planning Appeals, Objections and Enforcement

Common Problems with Planning Permission

Knowing how the planning process works is something that can be as helpful for developers who’ve been doing it for years as it is for developers who are doing it for the first time.

A crucial part of planning is the determination process, which is led by various local and national policies. Whether it’s something as simple as a loft conversion or something as complicated as a major infrastructure project, the opportunity for friction is high.

Problems in a proposed development can appear from a number of places, such as a simple breach of planning control or as a result of complex legal disputes involving permitted development rights.

Understanding all of the potential issues at the first instance can prevent unwanted surprises later in the process, leaving developers and planners in a better position to avoid any setbacks raised by the local authorities.

Planning Objections

With planning objections, the general public is given an opportunity to voice concerns about a planning application.

For a representation to be effective, it needs to be based on material planning grounds rather than personal grievances or other factors that aren’t seen as valid reasons. Only material planning considerations will be taken into account by the local council during the decision-making process.

Comments received by the local planning authority can be submitted by anyone, with the public consultation period usually lasting 21 days from the date the application is registered.

Objections to Planning Applications

• Effect on Protected Trees or Public Amenity
• Loss of Privacy or Overshadowing
• Negative Impact on Highway Safety and Traffic
• Over-Development of the Application Site

Statutory Consultee Issues

A statutory consultee is a specialist body that the planner, developer or wider planning team must consult with before moving forward with planning decisions.

Issues often arise when other departments in charge of reviewing the proposal identify risks that haven’t been mitigated. At this point, a lack of sufficient ecological or arboricultural data can lead to a recommendation for planning refusal.

Causes of Issues with Statutory Consultees

• Conflicts with Strategic Infrastructure or Flood Risk Zones
• Potential Negative Impacts on Listed Buildings
• Risks to Environmental Protection

Planning Refusal

A refusal of planning permission happens when the collective planning committee or specific planning officers decide that the proposal does not align with the National Planning Policy Framework (NPPF) or the local plan of the area.

As a decision notice will be given to any planners or developers who are refused planning, they can see why exactly planning consent was denied.

Reasons for Planning Permission to be Refused

• Failure to Meet the Specific Preservation Requirements for Listed Buildings
• Incompatibility with the Character of a Conservation Area
• Planning Proposal Expected to Cause Significant Harm to the Surrounding Area

Resolutions to Planning Issues

It is possible for a planning project to hit a stalemate or come up against a formal challenge. Fortunately, several legal pathways are available to reach a suitable solution.

When you’re hit with a planning refusal or an enforcement investigation, it can feel like the end of the road. While it is understandably disappointing, planning legislation is designed to allow for robust mechanisms for review and rectification.

The formal appeals process and the hierarchy of planning control are key factors in your planning application. Resolutions range from negotiating minor amendments on the scheme to launching a full-scale challenge through the planning inspectorate.

Under the right strategy, you can work your way out of a conflict and toward a lawful conclusion for your project.

Planning Enforcement Notice

If the local council believes that someone is arranging an unauthorised development, formal action may be taken in the form of presenting the developer or planner responsible with a planning enforcement notice.

Planning Enforcement Procedure

The planning enforcement service usually starts the process by investigating suspected breaches via a site visit or by issuing a planning contravention notice to gather the necessary background information about the case.

In many instances, the local council will suggest a retrospective planning application as a way of remedying the alleged breach of planning.

If this fails, however, an enforcement notice will be served, containing details of all the steps needed to remedy the alleged breach.

Planning Enforcement Time Limits

The local planning authority has limited enforcement powers once a certain amount of time has passed, meaning they generally cannot take formal enforcement action against building work after four years.

A change of use or breach of condition typically has a 10-year limit, but there are certain circumstances where no time limit applies, such as works to conservation areas.

Planning Enforcement Appeal Fee

If you decide to appeal against a planning enforcement notice, you need to do it before the date of the notice taking effect through the central government portal.

In any situation where the appeal is based on the grounds that the development required planning permission, a fee equating to double the standard application fee is needed to progress the case.

Planning Appeal

It is possible for local applications to be refused or classed as a non-determination (not decided within the statutory timeframe). Within this scenario, you can appeal a planning decision that went against you.

Planning Appeal Process

As soon as you are notified of the refusal, you can appeal electronically through the Planning Casework Service. Even today, most appeals are actually handled via written representations, as it has been proven to be better for speed and efficiency.

For more complex cases, a public inquiry could be needed to examine evidence in person, at which point an independent inspector reviews the report from the case officer and all other documents related to the case.

Planning Appeal Timescales

The duration of a planning appeal varies based on the method chosen.

A smaller project, for example, could be resolved in a matter of weeks, whereas a major public access development could take several months or longer.

Planning Appeal Costs

Although it’s free to lodge a planning appeal, each involved party usually covers their own professional costs.

That said, if one party is found to be behaving unreasonably, the inspector in charge of the investigation has the power to order them to pay the other side’s expenses.

Help with Planning Appeals and Enforcement Notices

Even for the most experienced developers and planners, working your way through the planning system comes with numerous challenges.

With the help of professional guidance, you can get a boost in your planning project, ensuring that every response to the local council is framed correctly in planning terms.

It may be that you’ve had someone object to a planning application you’ve made, you’ve been given a planning enforcement notice, or you’re simply trying to navigate the complexities of planning restrictions and requirements. Whatever the situation, referring to an expert in your corner could be the difference between a successful outcome and a costly failure.

Following years of providing planning advice and professional surveys to developers and planners all over the country, we understand the steps required to remedy issues before they escalate, giving you peace of mind and a clear strategy to deal with most cases.

Guidance from Planning Appeal Specialists

As experts in this field, Arbtech offers a comprehensive suite of services designed to manage every stage of planning applications, including any part of the objection, consultation, appeal, refusal and enforcement process.

Our team has extensive experience in dealing with land and building control issues, and any situations where the local council has threatened to enter land and rectify a breach.

We act on behalf of all interested parties, giving you the technical reports and expert witness services that can stand up to the highest level of scrutiny.

If you’re handed a temporary stop notice, need to attend a public enquiry or simply need advice on taking the right next steps, our team can help with any such action and more.

Reach Out to the Team at Arbtech

The risk of facing further action from your local council is too high to leave to chance. But if you’re beyond that and have been issued a site notice or are dealing with an enforcement officer, it is still possible to continue your development, as long as you follow the right guidance.

In all of the surveys and assessments we provide, we ensure that there’s consideration for UK laws, planning policies, the local planning authority, the local enforcement plan and other local government factors, and the public interest. We also guarantee that the person carrying out any services you need is suitably qualified, licensed and suited to help your needs.

Book a survey with our team, speak to us about our selection of services or ask for further information by contacting Arbtech directly. Our contact details allow you to ring us using the telephone number on this page, email us using the details on our contact page, or fill out a quote form at the top of this page.