We have a good record at winning appeals, and have, on a number of occasions, been granted costs against the Council. Appeals should be regarded as last resort and alternative options should be considered at first instance.

All appeals must be lodged with the Planning Inspectorate within 6 months of the application being refused. We submit all appeals electronically. To lodge an appeal we need all the documents that were submitted with the planning application.

Types of appeal:

Written:
This is the quickest form of appeal. The Appellant and the Council exchange written statements and both have the chance to comment on the other party’s statement. There is no discussion with the Inspector with regard to the development as all observations have to be in writing.

Hearing:
This is RSA’s preferred way to appeal. It involves all aspects of a written appeal, and also includes a hearing where both parties meet with a Planning Inspector to discuss the proposal. At any appeal costs may be granted where either party has acted unreasonably.

Public Local Inquiry:
This is the most complex type of appeal and is used only when necessary. It is also the most costly and takes the form of a formal Planning Inquiry. In contrast to the previous two types, here we act as an expert witness, and can arrange a barrister through the direct access scheme. The documents produced for an Inquiry are much more complex than statements for hearings and written appeals.

Appeals - Areas of speciality:

Planning appeals:
These are the most common type of appeal with over 25,000 being lodged between 2007 and 2008 (countrywide). We have a good success rate for appeals, and include a significant amount of detail in the submitted documents to ensure that all planning issues are considered by the Inspector.

Enforcement appeals:
An Enforcement Appeal has to be lodged within 28 days of the Council issuing an Enforcement Notice. The effect of lodging an appeal is that the Enforcement Notice is suspended until the Inspector determines the appeal. There are various grounds for lodging an appeal of this type and RSA would be more than happy to discuss this with you.

Listed Building and Conservation Area appeals:
These appeals are usually against the demolition of alterations to a building. In such situations there is a need to show that the development will not harm the Conservation Area/setting of the listed building in accordance with planning law.