What are the Chances of Winning a Planning Appeal in Barnet?

Introduction

Planning permission appeals are a critical aspect of the property development process, providing a second chance for applicants whose initial planning applications have been refused. Understanding the likelihood of success in a planning appeal can help you better prepare and strategise for a positive outcome. In Barnet, like many other areas, the success of planning appeals can vary based on several factors. This blog post will explore the chances of winning a planning appeal in Barnet and outline the steps you can take to improve your prospects.

Success Rates of Planning Appeals

Overall Success Rates

In England, the overall success rate for planning appeals is approximately 28% as of early 2024. This means that slightly more than one in four appeals are successful [1]. While this provides a general benchmark, individual success can vary based on specific circumstances and the strength of the appeal.

Barnet-Specific Factors

Barnet is notable for having a high volume of planning appeals. In the 2022/23 period, Barnet had 236 planning appeals decided, the highest number among all London boroughs [2]. This high volume indicates a proactive local planning authority that strictly enforces planning regulations, potentially making appeals more challenging.

Type of Development

The success rate of appeals can differ significantly depending on the type of development:

• Major Applications: These involve developments of 10 or more dwellings and tend to have a higher success rate, roughly double that of minor applications (fewer than 10 dwellings) [1].
• Householder Developments: Appeals involving extensions or alterations to existing homes generally have a higher success rate compared to more complex applications involving listed buildings.

Appeal Procedure

The procedure chosen for the appeal can also impact success rates:

• Written Representations: This is the most common method, used in 93% of appeals, with a success rate of around 27%.
• Hearings and Inquiries: These methods have higher success rates (50% and 48%, respectively) but are used less frequently and are reserved for more complex cases [1].

Local Factors

Conformity with Barnet’s Local Development Plan is crucial. Proposals that align well with local planning policies have a significantly higher chance of success.

Expertise and Preparation

Engaging experienced planning professionals who understand Barnet’s specific planning context can greatly enhance your chances. Proper preparation, addressing the specific reasons for refusal, and presenting a compelling argument are key factors [5][6].

Inspector Allocation

The Planning Inspector assigned to your case can influence the outcome. While you cannot choose a specific Inspector, understanding their past decisions can help tailor your appeal strategy [4].

Steps to Take if Your Planning Application is Refused

1. Understand the Reasons for Refusal Review the decision notice carefully to understand the specific reasons your application was rejected. This will inform your strategy for the appeal.
2. Seek Clarification If any aspects of the refusal are unclear, contact the planning officer for further explanation. Gaining insight into the refusal can help you address the issues more effectively.
3. Consider Resubmission If your proposal can be modified to address the reasons for refusal, you may resubmit a revised application. This is often a quicker and less costly option than an appeal.
4. Prepare for an Appeal If resubmission is not feasible, you can appeal to the Planning Inspectorate. Key points to consider include:
   • Time Limits: Householder applications must be appealed within 12 weeks, and full planning applications within six months [5].
   • Required Documents: Ensure all necessary documents, such as the original application, decision notice, and supporting plans, are included in your appeal submission [5].
5. Engage Professional Advice Consulting with planning consultants or architects who have experience with Barnet appeals can significantly enhance your appeal’s strength. They can help prepare a robust appeal statement and provide strategic guidance [5].
6. Prepare a Strong Appeal Address each reason for refusal comprehensively, providing detailed explanations and evidence to counter the council’s concerns. A well-prepared and researched appeal statement is crucial.
7. Choose the Appropriate Appeal Procedure Depending on the complexity of your case, choose the appropriate appeal procedure. Written representations are common, but hearings or inquiries might be more suitable for complex cases.

Conclusion

While the overall success rate for planning appeals in Barnet can be challenging, thorough preparation and understanding of the local planning context can significantly improve your chances. By carefully addressing the reasons for refusal and potentially engaging professional advice, you can navigate the appeal process more effectively and increase the likelihood of a favourable outcome.

Further Reading

1. Appeal Finder – Planning Appeal Success Rates and Timescales
2. GOV.UK – Planning Inspectorate Statistical Release
3. Appeal Finder – London Borough of Barnet Appeal Decisions
4. Appeal Finder – Likelihood of Winning a Planning Appeal
5. Urbanist Architecture – Planning Appeal
6. Atelier 41 Architects – Planning Appeal Tips
7. Barnet Council Online Planning

By following these steps and leveraging the resources available, you can better understand the planning appeal process and work towards a successful outcome for your project in Barnet.