In the case of Re R (Deceased)  EWHC 936, a claim was brought under the Inheritance (Provision for Family and Dependants) 1975 Act (“the Act”) for reasonable financial provision...
If your planning application has been rejected or not responded to within the given time limit, you can request a planning appeal through the Planning Inspectorate. This allows you to put the case for your planning application before a new decision maker. Some of the common reasons for making an appeal include:
- If you disagree with the reasons given by the council which led to your application being refused;
- If the council has given permission but with conditions attached that you regard as unreasonable;
- If the council has refused to approve the details of a scheme which has already been given outline planning permission;
- If the council has approved the details of a scheme but with conditions that could be regarded as unreasonable;
- If the council has refused an application to modify or discharge a planning condition; and
- If the council has failed to determine the application within either 8 weeks (or 13 weeks for large developments) or any agreed period of extension (as the case may be).
Householders have up to 12 weeks to submit an appeal from the date of the decision. For non-householder planning applications, there is a six-month period to lodge an appeal. If you are appealing for another type of planning decision, you should carefully check the relevant time limits and rights. Appeal lodged after these deadlines are almost certain to be immediately rejected, without any further right of appeal.
The success of an appeal depends entirely on the circumstances and in the context of relevant local and national planning policies.
The process can take some time and it’s important to get advice from a planning law specialist as you will be required to make a detailed written representation with statements, evidence and any relevant information. The Inspectorate may even request a site visit to inform their decision. You can also request an informal hearing or local Inquiry but the Inspectorate may refuse if it believes there is no benefit to be gained.
Any decision made includes a full explanation as to why your application has been approved or rejected.