When a local planning authority (LPA) has refused an application for planning permission, the developer has a right of appeal to the Planning Inspectorate (PINS). Local communities can help stop environmentally harmful or inappropriate developments by supporting the LPA in the appeal and fighting the developer’s application on the merits.

We act for third parties (whom we may advise to become so-called Rule 6 parties) in the appeal process, often with instructions to a barrister and experts to give evidence.

Our clients often play a crucial role in seeking to persuade an Inspector from PINS to dismiss the appeal and confirm the decision of the LPA. There may also be a Planning Appeal if an LPA issues an enforcement notice following a breach of development control where unauthorised development has occurred, such as where there is no planning permission or the development as built does not conform with the consent granted.

Planning Appeals are determined by one of three procedures, depending on the nature and scale of the development. Large applications are determined by way of an inquiry, with smaller or less controversial appeals determined by way of a hearing, which is less formal than an inquiry, or by way written submissions with no hearing. If there is an inquiry, the LPA will normally participate with its legal team, including a barrister, to defend its decision to refuse permission. For an inquiry, objectors – local resident groups or individuals – can apply to participate as a Rule 6 party and take an active role in the appeal process.

Adverse costs

As a Rule 6 party, there can be cost implications if you do not comply with the procedural steps imposed by the Inspector or you waste the inquiry’s time, so it is best to ensure you have legal representation to guide you during the process as a Rule 6 party. By the same token, you can seek your costs against a developer who wastes inquiry time and leads to you unnecessarily incurring costs.

Legal challenge to an inspector’s decision

Following the outcome of the Planning Appeal, if you are dissatisfied with the way the inspector has dealt with your issues, it is possible to seek advice on a statutory challenge to an inspector’s decision through a process akin to Judicial Review known as a statutory appeal under section 288 of the Town and Country planning Act 1990.