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The service we offer includes appraising the reasons for a planning refusal and advising on a potential appeal or hearing […]

The service we offer includes appraising the reasons for a planning refusal and advising on a potential appeal or hearing outcome. When presenting a Statement and evidence, we can explain compliance with both national & local development plan policy and supplementary guidance. We can counter the reasons for refusal and present statements in support of the case.

We also offer presentation of case to Local Planning Review Body where planning permission has been refused by an officer under delegated powers.

Examples of successful appeals include:

  • Housing Development, Callendar for private client
  • Mixed Use Commercial and Residential, Kyle of Lochalsh for Compass Building Services Ltd
  • Masterplan for 300 Houses, Dunbarry Road, Kingussie for Davall Developments Ltd
  • Site for 16 Houses, Viewhill for Inverness Properties Ltd
  • Extension to Listed Building, Drumossie Hotel for Macdonald Hotels
  • Loch Ness Touring Caravan Park, Foyers for private client

On what grounds can you appeal a planning decision?

Scotland

You may have the right to appeal to Scottish Ministers if a planning authority:

  • refuses your application
  • adds conditions you don’t agree with
  • does not come to a decision within a set time

You can find more information in:

And this guide to planning appeals explains the appeal forms and what can be appealed to ministers.

England & Wales

Your local planning authority (LPA) makes decisions on planning applications.

You can appeal a planning decision if any of the following apply:

  • you were refused planning permission for reasons that you think go against the LPA’s development plan or planning policy (you can usually find these on their website)
  • you were granted planning permission with conditions you object to – you’ll need to explain why you think they’re unnecessary, unenforceable, vague, unreasonable or irrelevant
  • the LPA has not given you a decision on your application and 8 weeks have passed since the date they told you they’d received it (or a different deadline you agreed with them has passed)

For major projects, you can only appeal if 13 weeks have passed. Examples of a major project include a development with 10 or more dwellings, or a building with floor space of more than 1,000 square metres.

Contains public sector information licensed under the Open Government Licence v3.0.

To find out more about how Mabbett can work with you, please get in touch.

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