How to appeal if your planning application is refused

Planning permission refused? It can be incredibly frustrating to have your planning application turned down after investing time and money into your project. However, a refusal isn’t necessarily the end of your development plans. In London (and across the UK), you have the right to appeal the decision and get it reviewed by an independent body. In this guide, we’ll explain what planning appeals are, how to appeal a planning refusal, the special case of a householder planning application appeal, and tips to improve your chances of success. Whether you’re navigating planning appeals in London or anywhere else in the UK, this post will help you understand the process and plan your next steps.

Before You Appeal: Should You Appeal or Amend?

Before rushing into an appeal, take a step back. Do you have other options besides appealing? In some cases, tweaking your proposal and reapplying may be more effective (and faster) than a formal appeal. Local councils often allow a free resubmission within 12 months if it’s for a revised proposal on the same site, so you might get a “second chance” application without a new fee​.

 It’s worth speaking to the planning officer who handled your case to understand the reasons for refusal fully. If their concerns can be addressed with reasonable changes to your design, submitting a revised planning application could lead to approval without the need for an appeal.

On the other hand, if you strongly believe the refusal was unjust or the changes required would undermine your project, then an appeal might be the right path. Keep in mind that planning appeals in London and elsewhere can be time-consuming – often adding several months (or more) to your project timeline. Make sure the likely benefits outweigh the delay. An appeal should generally be a last resort after considering revisions, but it’s a crucial option when you feel the decision was wrong or unfair.

Who Can Appeal and When?

Not everyone involved in a planning decision can appeal – only the original applicant (or their agent) has the right to appeal a planning decision. Neighbours or other third parties cannot appeal if they dislike an approval, for example. If your planning application was refused by the local authority (or approved with conditions you find unacceptable), you as the applicant have the right to challenge it. You can also appeal if the council fails to make a decision within the statutory time (usually 8 weeks for regular applications or 13 weeks for major projects) – this is called an appeal for non-determination .

Deadlines for Appeals

Timing is critical. The UK planning system imposes strict deadlines for filing an appeal after you receive the council’s decision notice:

• Standard Planning Application (most cases): You must appeal within 6 months from the date of the decision notice on your planning application​.

• Householder Planning Application (for home extensions/alterations using a householder application form): You must appeal within 12 weeks (approximately 3 months) of the decision date​. This shorter deadline applies to householder appeals which are meant to be faster.

• Enforcement Notice: If you’re appealing an enforcement notice, the deadline is much shorter – usually 28 days from the service of the notice​.

Missing the deadline means losing your right to appeal, so mark it on your calendar and don’t delay if you intend to proceed. Also, remember that you cannot appeal twice on the same decision – you get one opportunity, so ensure your appeal submission is complete and well-prepared.

What Is a Planning Appeal?

A planning appeal is a formal process where an independent inspector reviews the council’s decision. In England (including London) and Wales, appeals are handled by the Planning Inspectorate (PINS), a government agency independent of your local council. When you appeal, decision-making authority shifts from the council to this inspectorate. An appointed planning inspector will reconsider the application, the council’s refusal reasons, and your arguments for why permission should be granted. Essentially, it’s a second chance at approval, with a fresh pair of eyes looking at the case.

You can appeal a planning refusal for various reasons – for example, if you believe the council misinterpreted planning policies, imposed unfair conditions, or if there were procedural errors. You can also appeal against conditions attached to an approval (if you only disagree with certain conditions rather than an outright refusal) or appeal if the council simply took too long to decide (non-determination). The key is that an appeal must be based on planning grounds – you’ll need to show that the development does comply with relevant policies or that the council’s reasons don’t justify a refusal.

Important: A planning appeal is not a court case, but it is a formal process. The inspector will only consider planning matters, not personal circumstances or issues outside planning law. It’s about whether the proposal meets planning guidelines, not compensating you for any inconvenience caused by the refusal.

How to Appeal a Planning Refusal (Step-by-Step)

If you’ve decided to move forward with an appeal, you should approach it systematically. Here is a step-by-step guide on how to appeal a planning refusal:

1. Review the Decision Notice and Reasons for Refusal: Carefully read the refusal notice from the council. Identify each reason for refusal given by the planning officer or committee. These reasons will form the crux of your appeal – your job is to argue why those reasons are not sufficient to refuse permission. For each reason, consider if you have counterarguments or if you can provide additional evidence/planning policy support to refute it. It may help to consult the local development plan policies cited in the refusal and any national policies (e.g., the National Planning Policy Framework) that support your case.

2. Gather Evidence and Seek Professional Advice: It’s often wise to consult with a planning consultant or architect experienced in appeals at this stage. They can provide an objective view on whether an appeal is likely to succeed and help formulate strong arguments. Gather all relevant evidence to support your appeal. This may include revised drawings (if minor tweaks can address refusal reasons without fundamentally changing the proposal), expert reports (e.g., highways, daylight/sunlight studies if relevant), and references to planning precedents or policies. Ensure you have copies of all application documents and correspondence. (Note: In an appeal, you generally cannot introduce a completely new design; the appeal will be decided on the same proposal the council saw, although you can submit clarifications or minor modifications in some cases.)

3. Prepare Your Appeal Submission: An appeal is started by submitting a formal appeal form and a Statement of Case. You will need to fill out the appropriate appeal form – the quickest way is online via the Planning Inspectorate’s appeals portal. (For example, you can appeal a planning decision online through the GOV.UK Planning Inspectorate service.) In the appeal form, you’ll provide details of the original application, the site, and your grounds for appeal. The Statement of Case (often called your appeal statement or grounds of appeal) is the most important part – this is where you explain why the council’s decision should be overturned. Write a clear, concise, and factual statement addressing each refusal reason in turn. Provide planning arguments for why your proposal is acceptable. Cite any supporting policies, precedents, or mitigating measures that the council overlooked. Keep the tone professional and focus on planning merits.

4. Include Required Documents: When submitting your appeal, you must attach key documents. These typically include:

   • Original application forms and drawings submitted to the council

   • The decision notice (refusal letter) from the council

   • Site ownership certificate (proving you own the land or have permission to appeal)

   • Relevant correspondence (optional, if it provides context, like council report or consultation responses)

   • Supporting documents that strengthen your case (e.g., photos of the site, technical reports, planning policy extracts)

   • Your appeal statement (grounds for appeal) as prepared in step 3.
     Essentially, the inspectorate needs the full picture of what was considered. You do not send things like design & access statements again (unless they are pertinent to the argument) – focus on documents that relate to the reasons for refusal and your rebuttal. Once your appeal is lodged, you generally cannot add new information later (especially in a Householder appeal, where the process is streamlined), so make sure everything is included upfront.

5. Submit the Appeal (and Notify the Council): Submit your appeal within the deadline (as discussed above) via the online portal or by post. If using the online system, you’ll get an acknowledgement. The Planning Inspectorate will check that your appeal is valid (within time and all info provided). You are also required to send a copy of the appeal to the local planning authority, or the inspectorate will do so – in practice, when you file online, the council is automatically notified. After submission, the council will get a chance to respond to your appeal with their own statement and will forward all relevant documents from the application (including any public objections received) to the Inspectorate.

6. Choose Your Appeal Procedure: In the appeal form, you will indicate your preferred procedure for the appeal decision process. There are three types of appeal procedures in the UK:

   • Written Representation – the simplest and most common method. You and the council submit your arguments in writing, and an inspector examines the papers and visits the site before making a decision. Most householder and small development appeals use this method.

   • Hearing – a semi-formal round-table discussion led by the inspector, where you and the council (and any key parties) talk through the issues. This is like a meeting and is open to the public.

   • Public Inquiry – a formal courtroom-like procedure for the most complex or significant cases, often involving legal advocates and expert witnesses. The inspector hears evidence from both sides in a public setting.
     For the majority of home and small project appeals, a written representation appeal is appropriate and is usually the fastest. The Planning Inspectorate will ultimately decide if a hearing or inquiry is necessary (sometimes if the case is particularly complex or there’s significant public interest, they might opt for a hearing/inquiry even if you requested a written process). You will be informed of the format and if any further steps are needed in those procedures (e.g. appearance at a hearing).

7. Await the Outcome: Once the appeal is submitted and all statements are in, the Inspectorate will assign a Planning Inspector to your case. The inspector may visit the site (often unaccompanied for householder appeals, or with you/council for more involved cases) to understand the context. Then, they will review all the evidence and arguments. No new information can be introduced at this stage; the decision will be based on the submitted materials and planning considerations. The time it takes to get a decision can vary. On average, a written appeal might take around 4-6 months for a decision, though timelines in recent years have fluctuated (householder appeals are supposed to be faster – sometimes around 8-12 weeks after validation – but backlogs can extend this). The Inspector will issue a decision in writing, which you and the council will receive.

Throughout this process, ensure you respond promptly to any correspondence from the Inspectorate. If they request clarification or if there are any procedural directions (for instance, in a hearing you might get an agenda or questions in advance), be sure to comply fully and on time.

Householder Planning Application Appeals (Fast-Track for Homeowners)

If your project was a home extension or alteration submitted via a householder planning application, your appeal will likely follow the Householder Appeals process. A householder planning application appeal is essentially a streamlined version of the normal appeal, intended for simpler, domestic projects (e.g. extensions, loft conversions, porch additions for a single dwelling house). Here’s what makes householder appeals distinct:

• Shorter Deadline: You only have 12 weeks from the refusal date to file a householder appeal, rather than the 6 months allowed for other appeals​. This fast-track timeline encourages homeowners to move quickly.

• Written Procedure Only: Householder appeals are decided purely on written representations. There is no hearing or inquiry stage for these cases – you submit your appeal statement and that’s it. The inspector will not invite you to present your case in person.

• No New Evidence After Submission: In this streamlined process, once you’ve submitted the appeal (with your grounds and supporting documents), you typically cannot submit additional information later. The council also is not allowed a lengthy rebuttal beyond the initial questionnaire and their officer’s report. This keeps the process quick, but it means you must get your appeal statement right the first time with all relevant points included.

• Scope of Householder Appeals: They only cover refusals for developments within the curtilage of a single dwelling (i.e., works to your house or garden). You cannot use the householder appeal process for changes of use, new dwellings, flats/apartments, works to multiple houses, or for listed building consents – those require the full appeal process. It’s really meant for home improvement projects on a single home.

• Faster Decisions (Usually): The aim is to issue decisions faster than regular appeals. While the target is around 8 weeks from the start of the appeal to decision, actual times may vary. Still, in general you can expect a decision sooner than a non-householder appeal (which often takes several months).

In summary, if you’re pursuing a householder planning application appeal, be mindful of the tight deadline and prepare a comprehensive appeal submission. The good news is there’s no fee to appeal (the Planning Inspectorate does not charge a filing fee for appeals​, so the main cost may be if you choose to hire a planning consultant or architect to help with the appeal. Many homeowners opt for professional help to improve their chances, given that you only get one shot at an appeal and the process is paperwork-heavy.

Tips for a Successful Planning Appeal

Not all planning appeals succeed – in fact, only about one in four appeals is successful on average (approximately 25-30% nationally)​. To maximise your chances of being in that successful minority, consider these tips:

• Address the Refusal Reasons Head-On: Your appeal should directly tackle each reason the council gave for refusal. Explain clearly why you believe those reasons are not valid or can be overcome. Provide evidence or reasoning for each point. For example, if you were refused for “harm to the character of the area”, show photos or examples of similar developments in the area, or cite supportive policies, to counter that point.

• Focus on Planning Policies and Guidance: Appeals are won by arguing on planning merits, not on personal circumstances. Ground your case in the relevant local plan policies, the London Plan (if applicable), and national policy (NPPF) or guidelines. Demonstrating that your proposal complies with or is not contrary to key policies is critical. Also highlight any material considerations the council may have missed (e.g., the fall-back permitted development rights, if any, or precedents from nearby appeals).

• Consider Expert Assistance: While you can submit an appeal on your own, engaging a chartered planning consultant or knowledgeable architect can be invaluable. Professionals who deal with planning appeals in London and UK-wide know what the Planning Inspectorate looks for. They can help prepare a solid Planning Appeal Statement and gather supporting evidence. A well-crafted appeal put together by someone with experience can significantly improve clarity and persuasiveness. (If you choose to go it alone, at least have someone trusted proofread your statement for coherence and completeness.)

• Mind the Details and Tone: Little details matter in an appeal. Make sure all your documents are correctly referenced and submitted. Ensure your appeal form is fully completed and that you’ve included the decision notice and all necessary enclosures. In your writing, keep a professional and objective tone. Avoid ranting about the council or getting emotional – stick to facts and planning arguments. The inspector will appreciate a clear, factual, and respectful presentation.

• Be Realistic and Honest: Don’t hide or ignore weaknesses in your case – address them. If, for instance, the council said your extension was too large, explain why you believe it’s acceptable (maybe it’s similar to a neighboring extension, or you could offer a condition to slightly reduce it). Admitting where you made a concession or adjustment can show the inspector you’re being reasonable. Also, be realistic about what an appeal can and cannot do. An appeal cannot override fundamental policy constraints (e.g., Green Belt restrictions) unless you have very strong grounds. Knowing when an appeal is unlikely to win is important; a good consultant will advise you if an appeal is not worth pursuing.

• No “New” Plans, Same Proposal: Remember that an appeal is not an opportunity to submit a completely new design. The inspector will examine essentially the same proposal the council did. If you have made significant changes to overcome issues, those should usually be dealt with by a new application to the council, not an appeal. The appeal should focus on why the original scheme should have been approved. Minor clarifications are fine, but don’t expect to swap out your plans for a different scheme at appeal – it’s generally not allowed.

By following these tips, you’ll put forward the best possible case. While there’s never a guarantee of success, a well-prepared appeal that engages with planning policy and evidence can convince an inspector that your project deserves approval.

What Happens After You File an Appeal?

After your appeal is submitted, there are a few stages and possible outcomes to be aware of:

• Council’s Response: The local authority will submit their appeal statement defending their decision (for written appeals, this is usually the officer’s report or a summary of why they think they were right to refuse). They must do this within a few weeks of the appeal start. They’ll also send the Inspectorate copies of all documents related to the case (your application, drawings, consultation responses, etc.). You will get to see the council’s appeal statement and have a chance to comment on any new points they raise (except in householder appeals, where the process is tighter and usually there isn’t a separate rebuttal round for the appellant).

• Site Visit: In most cases, the Inspector will conduct a site visit to view the property and its surroundings. For written procedure appeals, this is often done alone by the Inspector (unaccompanied), or they may invite you and a council representative to attend (but discussion is not allowed during the visit; it’s just for observation). For hearings or inquiries, the site visit might be done with all parties after the hearing. The site visit helps the Inspector verify facts on the ground – e.g., the impact on neighbors, the street scene, etc.

• The Decision: The Planning Inspector will consider all the information and write a decision letter. There are two main outcomes:

  • Appeal Allowed (Planning Permission Granted): This is the result you’re hoping for – the inspector disagrees with the council’s refusal and grants planning permission. The decision letter will usually outline why the appeal was allowed and will list any conditions attached to the permission. (For instance, the inspector might impose conditions similar to what the council would have, or additional ones to address specific concerns.)

  • Appeal Dismissed (Refusal Upheld): This means the inspector found in favor of the council’s decision and you do not get planning permission. The decision letter will explain the reasons the appeal didn’t succeed, addressing the main issues you raised.

• Partial (Split) Decision: In some cases, if your proposal had multiple parts, an inspector can issue a split decision – allowing part of the development and dismissing the rest. This is only done where the parts can be physically and functionally separated. It’s not very common, but it is possible (for example, approving an extension but not a particular new window that was also part of the application).

The decision letter is final and binding in planning terms. If your appeal is allowed, congratulations – you can proceed with your project (ensuring you comply with any conditions given). The council will update its records to show planning permission has been granted on appeal.

If your appeal is dismissed, it’s certainly a disappointment, but it’s not the end of the road. You still have a couple of options to consider:

• Revise and Reapply: Often the appeal decision will provide insight into what changes might make the proposal acceptable. Read the inspector’s reasoning carefully. You might be able to modify your plans and submit a new planning application to the council addressing the issues highlighted. (Note: the inspector’s decision and reasoning become a material consideration for any future application on the site​. The council will know what the inspector thought was acceptable or unacceptable.)

   

• Challenge on a Point of Law: If you believe the Inspector made a legal error (not just a planning judgment you disagree with, but a failure to follow proper process or misinterpretation of law), you can challenge the decision in the High Court. This is known as a statutory challenge and must be made within 6 weeks of the decision. It’s a complex and costly process and does not re-argue the planning merits – it only looks at legal flaws. This is quite rare for most householder or small appeals, but it’s an option if something was seriously wrong in how the decision was reached. You would need legal advice for this route.

• Accept and Move On: Sometimes, despite best efforts, an appeal fails because the development was fundamentally contrary to policy (for example, trying to build in Green Belt, or too large/out of character for the area). In such cases, it might be best to accept the outcome and either abandon the project or radically rethink it for a fresh application in the future.

Remember, an appeal decision is essentially the final say on that particular proposal. There is no second appeal. So, use the outcome – win or lose – to inform your next steps wisely.

Conclusion and Next Steps

A planning refusal is undoubtedly a setback, but with the information in this guide, you now know that you do have options and rights as an applicant. We’ve walked through the appeal process, from deciding whether to appeal, through preparing a strong case, to understanding the outcomes. The key takeaways are to be prepared, prompt, and persuasive in making your case. Always keep the planning principles front and centre in your arguments, and don’t be afraid to seek expert help if needed.

Ready to turn that “no” into a “yes”? A well-crafted appeal can often rescue a great project from an unfortunate refusal. If you believe in your project, it’s worth giving the appeals process a try.

Need Help with Your Planning Appeal?

4D Planning has extensive experience helping homeowners, developers, and businesses successfully appeal planning refusals. Our Chartered Planning Consultants will review your case, advise you on the best strategy—whether it’s an appeal or a revised application—and prepare a strong submission on your behalf. We work with clients across London and throughout the UK to ensure every proposal stands the best chance of success.

Get in touch for a no-obligation consultation and let us guide you through the planning appeal process. We’ll help you navigate every step—so you can confidently move forward with your project.

Contact 4D Planning Today to discuss your next steps!