Planning appeal costs

Planning permission decisions aren’t always final. So, if your application for a dream extension to your home is rejected, there is potentially some action you can take. If your planning application is turned down, you can lodge an appeal with your local planning authority.

You may want to do this simply because you disagree with the decision, or because the decision took too long. As part of planning laws in the UK, decisions must be made within eight weeks. However, this can extend to up to 13 weeks for major developments such as housing estates.

In this guide, we’ll look at planning appeal costs. These are what you may have to pay if you’re not happy with a decision and want to appeal it.

Planning appeal costs application

The good news is that there is no fee to appeal a planning decision. This applies to appeals for full planning decisions. It also applies to householder planning decisions, which are smaller projects like loft conversions or extensions.

The fee likely to be proposed by each advisory party, for example, a solicitor or architect, is likely commensurate to the project size and the ultimate ‘reward’ at the end of the appeal, if successful, to the appealing party. Costs can range between £3,000 – £20,000 depending on the appeal.

High Court planning appeal costs

If you appeal the original decision and that too is unsuccessful, there is another option available to you.

You can challenge the appeal decision in the High Court. But you can only do this if you think the Planning Inspectorate made a legal mistake in handling your appeal or original application. In legal terms, this is known as a judicial review.

The cost of appealing a planning decision in the High Court varies depending on what happens in your case. Plus, whether any additional hearings are needed. You’ll also need to pay for legal advice. Another potential cost is the time and expertise of an experienced lawyer to represent you (if needed).

Planning appeal cost awards

It is in fact possible to reclaim the costs of a planning appeal. This can be done if someone who was involved in your planning appeal has behaved unreasonably and cost you money. Examples of this include failing to co-operate, missing deadlines, failing to turn up to site visits, hearings or an inquiry and giving information that was wrong or declared after the deadline has passed. You can claim by filling in a form on the government website.

FAQs

How long do planning appeals take?

The time it takes to receive a decision on a planning appeal varies from case to case. It often depends on the nature of the appeal, and whether any hearings or additional legal proceedings are required. These inevitably drag out the process.

Generally though, you should have a resolution to your case at some time between 21 and 43 weeks after putting in your appeal.

How long do I have to appeal a planning decision?

You have within six months of the decision notice issued by your local planning authority to submit your appeal. If you’ve received an enforcement notice in relation to a building project though, you have far less time. In this case, you must submit your appeal within a maximum of 28 days.

Who can appeal a planning decision?

Only the person who initially applied for planning permission is permitted to appeal decisions made on the case. This means that unless there are exceptional circumstances, it’s not possible for another person or organisation to appeal the decision on your behalf.