Planning Permission Refused - Appeal?

20 Dec 2012
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United Kingdom

I wonder if anyone can give me some advice.

We have been refused planning permission on a flat conversion and are considering the cost and time involved in going for appeal with the aid of a planning consultant.

Are there any hard statistics on how many appeals win.

Are we better off trying to talk to the council planning dept about what they would accept?
What do we do if they refuse to speak to us and tell us to go to appeal?
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Statistics are irrelevant.

Success at appeal will depend on whether it was refused on policy issues, or if it was just interpretation
Thanks for your reply. At risk of being dim what is the difference between the 2?

Do they not base decisions on their interpretation of policy?
Policy will be prescriptive eg no flat conversions in a certain road.

Interpretation is subjective opinion eg flat conversion will cause... parking/noise issues.

You can argue interpretation but not policy
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Thank you. Will look over papers again and mull it over
Statistically, I believe one in three appeals is successful though as W says, it's not a lottery.
Look at the reasons for refusal and see if you can alter the application to make it more acceptable. Providing it isn't radically different to the original proposal there is no re-submission fee so overall cost shouldn't be too much.
There are a couple of other considerations that may come in to play. For example; did the original application get flat out refused or was the decision made at a Planning Committee?

In my experience it is often easier to win appeals following committee decisions as we often find that the councilors make decisions based less on policy and more on public opinion. As an example I've had councilors refuse external air conditioning units based on noise even though we were able to produce sound test reports to show the systems would fall within the council parameters... this was a result of them pandering to local residents and was easily overturned at appeal.

Of course, you really need to study the reasons why the application was refused and be aware that currently there are many councils that have policies against converting single family dwellings into two or more flats - particularly if the dwelling needs to be extended in order to meet the minimum space requirements.

If you can post the reasons for refusal we may be able to get a better idea of your chances.

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