Planning Appeals
Planning Appeals
Should your planning application be refused by the Local Planning Authority you have the option to lodge an appeal which is determined by the Planning Inspectorate. We are expert in the preparation and submission of all types of planning appeal. We have access to up-to-the minute appeal decisions which we use in support if they have a bearing on your appeal site. Our planning solicitors can deal with any legal issues which need to be addressed during the appeal and as members of the Royal Town Planning Institute we have direct access to the Planning Bar where we can obtain the very best advice from Counsel on your behalf.
Householder appeals are now very streamlined in terms of their duration and all supporting documentation needs to be lodged with the grounds of appeal. The deadline to lodge an appeal is just 12 weeks following the date of decision so you are advised to contact us as soon as possible after the refusal so we can put the best possible case forward.
Other appeals are conducted by three methods: Written Representations, Informal Hearing and Public Inquiry. We are greatly experienced in all three appeal methods and each one requires different attributes to maximise chances of success.
Written Representation appeals are executed via an exchange of Statements with the Local Planning Authority. Our Statements hone in on the reasons for refusal and dissect each one in relation to planning policy and relevant case law. We aim to leave no stone unturned and we strive to include you, our clients, in the process by providing draft versions of each Statement to you for comment so every possible angle is covered.
Informal Hearing appeals proceed in much the same way as Written Representations except that there is a round-table discussion between the Inspector, the Local Authority and the appellant at the end of the process. We are skilled in putting across our points verbally in a persuasive manner in this environment ensuring that your case has the best chance of success.
Public Inquiry appeals are often led by our planning solicitors with our planning consultant operating as an expert planning witness. These appeals tend to be more legalistic but our one-stop service provides you with the perfect team to tackle what are usually the most complex or controversial planning appeals.
There is now the opportunity to apply for a costs award if we feel that the Local Planning Authority has acted unreasonably in determining the planning application or during the appeal process. We are expert in lodging costs claims where we feel there is a case to answer.
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“In 2015 we instructed Neil Andrews of Coles Miller to facilitate the execution of a pre-negotiated legal document so that we would be paid for our stock. This seemingly simple transaction became complicated when the organisation’s initial response was to utilise their lawyers rather than pay us. Neil was tenacious in fighting our cause. His eye for detail saved our money and we eventually received all money owed to us, without compromise. Tellingly, our original investors who also were extracting their money through their own alternative solicitors told me that they wish they had used Coles Miller. I would recommend Coles Miller without hesitation.”