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To Appeal or Not to Appeal....

We are often asked by our clients who may have received a refusal on an application from the LPA or who may have been served an Enforcement Notice, what is the likelihood of success should we wish to appeal the LPA's decision ( or Notice)?

The planning decision making process is out of our hands and whilst we will always present the best case possible, we do not guarantee that any appeal made will be successful. An appeal is a last resort and it may be that actually, in respect of a S78 appeal, a re-submission of the application and addressing the LPA's reasons for refusal, ensuring that the relevant professionals are appointed to address any technical reasons for refusal. Ultimately, if there is an opportunity to work with the LPA and obtain a decision locally, then in our opinion, this route should be pursued first and foremost.

In some instances, it may be that an appeal is the most appropriate next step. It may be that the LPA have not been engaging or that there is an unwillingness to accept the case as presented before them and they ( the LPA) are maintaining their position. Equally, it may be that the client just wishes to try their luck at appeal. Either way, an appeal is not without its risks and whilst making an appeal is 'free', there are of course associated professional costs associated with preparing an appeal.

We have been fortunate to have secured a number of successful S78 appeals and appeals against Enforcement Notices. Examples include:

  • the retention of a domestic outbuilding at a residential property in Warrington. The main issue was the impact of the building on residential amenity however, the Inspector found in our favour.

  • securing a new vehicular access at a domestic property off the A556, Cheshire East. The main issue of the appeal being the impact of the proposed access on the landscape character of the area. The Inspector found in our favour.

  • an allowed appeal for a domestic extension in the Midlands. The main issue of the appeal was the impact upon the character and appearance of the area.

  • secured the retention of a new dwelling in Cheshire West and won on Ground A. The main issue being that the dwelling was outside the defined settlement as identified in the adopted Development Plan.

  • Successfully appealed against an EN on Ground B and C and had the Notice quashed for an Air B&B in Sefton. The Inspector found that there had been no material change of use between C3 and the use of the dwelling as an Air B&B.

If you have had an application refused or have been served with an Enforcement Notice and are looking to appeal, feel free to get in touch as we may be able to assist.


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