How long does a planning appeal take

Harrison Clayton August 1, 2023 9

When it comes to planning permission, the application process can be quite complicated and time-consuming. However, sometimes even after submitting an application, it may get rejected. In such cases, filing a planning appeal can be the next step. But how long does a planning appeal actually take?

The duration of a planning appeal varies depending on various factors. One of the key factors is the complexity of the case. Cases involving simpler developments may be resolved faster compared to more complex projects. Additionally, the workload of the planning appeals authority and the availability of personnel can affect the duration of the process.

Typically, a planning appeal takes around six to twelve months to be resolved. This includes the time taken for the appeal to be registered, the gathering of evidence, and the hearing itself. However, it’s important to note that these timeframes are only estimates and can vary from case to case.

During the planning appeal process, it’s crucial to stay patient and persist in order to ensure a fair and thorough consideration of the case. It’s also advisable to seek professional guidance and assistance from experts in planning law to navigate through the process smoothly.

How Long Does a Planning Appeal Take?

When a planning application is refused by a local planning authority, the applicant has the right to appeal the decision to a higher authority. Appeals can be a time-consuming process, and the duration can vary depending on several factors.

1. Type of Appeal

There are generally three types of planning appeals: written representations, hearings, and inquiries. The type of appeal will impact the length of time it takes to reach a decision.

2. Complexity of the Case

The complexity of the case can also affect the length of the appeal process. If there are numerous parties involved, expert witnesses, or complex legal issues, it may take longer to reach a decision.

3. Local Authority’s Response Time

The local planning authority’s response time can have a significant impact on the overall duration of the appeal. If the authority takes longer to respond, it may delay the process.

4. Availability of Inspector

The availability of the planning inspector can also impact the length of the appeal. Planning inspectors have varying workloads and may have scheduling conflicts that can cause delays.

5. Size and Scale of the Development

The size and scale of the proposed development can also impact the length of the appeal. Larger developments or those with greater potential impact may require additional time for review and consideration.

6. Filing an Appeal

It is important to note that the clock starts ticking on the appeal process once it is filed. The time it takes for an appeal to be determined and a decision to be reached can vary but typically takes several months.

In conclusion, the duration of a planning appeal can vary depending on the type of appeal, the complexity of the case, the response time of the local authority, the availability of the inspector, the size and scale of the development, and the filing of the appeal itself. It is advisable to seek professional advice to navigate the process effectively and understand the expected timeline.

Evaluating the Duration of a Planning Appeal

When going through a planning appeal, understanding the timeframe can be crucial. While it’s impossible to predict the exact duration of each case, there are factors that can help evaluate how long an appeal might take.

Nature of the Appeal

The type and complexity of the appeal can significantly affect its duration. Simple appeals such as minor alterations might be resolved more quickly, whereas complex appeals involving large-scale developments or contentious issues could take longer to resolve.

Local Authority Processing Time

The time taken by the local planning authority to process the appeal can also impact its duration. Some authorities might have larger caseloads, leading to longer processing times, while others might have more streamlined processes resulting in quicker resolutions.

Documentation and Evidence

Preparing a strong case with comprehensive documentation and evidence is crucial for an appeal. The duration of an appeal can be influenced by the time taken to gather and review this information. Incomplete or inadequate documentation might lead to delays or potentially even a dismissal of the appeal.

Negotiation and Mediation

Attempting negotiations or participating in mediation can prolong the duration of an appeal. While these alternative dispute resolution methods can help resolve issues more amicably, they can also add time to the overall process.

The appeal’s duration can be influenced by the workload of the relevant appeal body. Busier authorities might have a larger caseload, resulting in longer waiting times before the appeal is reviewed.

Judicial Reviews and Legal Challenges

In some cases, planning appeals might be subject to judicial reviews or legal challenges, which can significantly prolong the duration of the appeal process. These reviews and challenges add an additional level of complexity and can delay the final decision.

Considering these factors, it’s essential to approach a planning appeal with a realistic expectation of its duration. Seeking professional advice and understanding the specifics of the case can help individuals and organizations better evaluate the estimated time from initiation to resolution.

Factors Impacting the Length of a Planning Appeal

There are several factors that can impact the length of a planning appeal. These factors can include:

Factor	Description
Case Complexity	The complexity of the case can greatly impact the length of a planning appeal. If the case involves multiple parties, conflicting evidence, or legal complexities, it may take longer to reach a resolution.
Available Resources	The availability of resources, both in terms of the appellant’s and the planning authority’s staff, can affect the length of a planning appeal. A shortage of staff or funding can lead to delays in processing the appeal.
Public Consultation	If a planning appeal involves significant public interest and requires public consultation, the appeal process can be lengthened. Collecting public feedback and addressing concerns can take time, especially if there is a high level of opposition.
Lack of Cooperation	If there is a lack of cooperation between the parties involved in a planning appeal, such as the appellant and the planning authority, it can lead to delays. Disputes or disagreements regarding evidence, procedures, or requests for additional information can prolong the appeal process.
Legal Procedures	The legal procedures and requirements involved in a planning appeal, such as mandatory timeliness and legal documentation, can contribute to the length of the appeal. Additionally, if there are any legal challenges or appeals during the process, it can further prolong the overall timeline.