An outline for an appeal statement of case
A written representations appeal is decided on what you file at the start. This is the structure that answers each reason for refusal, handles policy weight and keeps a costs application open.
A written representations appeal is won or lost on the document you file on day one. There is no second chance to put evidence in, no cross-examination to repair a gap, and the inspector reads your appeal statement of case outline against the council's reasons for refusal rather than against the story you would prefer to tell. So the structure is set for you. Take each reason for refusal in turn, answer it on the development plan and the evidence, and stop.
Everything below assumes a section 78 appeal against refusal of planning permission in England.
Choosing the procedure and living with it
Three procedures exist: written representations, hearing and inquiry. The Planning Inspectorate decides which one applies, using the criteria in its Procedural Guide, though the appellant states a preference on the form.
Written representations suits a case that turns on policy interpretation, design judgement or a document-based technical dispute. A hearing suits a case where the inspector needs to test a small number of factual points with both parties in a room. An inquiry suits a case with contested expert evidence, a large scheme, or a point of law that needs cross-examination. Ask for an inquiry on a householder-scale case and the request will be refused, with a delay attached.
Deadlines matter more than preference. A section 78 appeal against refusal is generally made within six months of the decision notice, reduced to twelve weeks for householder and certain minor commercial appeals. Householder appeals run through a fast-track service in which no further comments are invited after the appeal is made, so the statement filed with the form is the whole case.
Structure that follows the reasons for refusal
Open with the appeal site and the proposal in a page. Describe the application site, the host building, the surroundings and the planning history, without adjectives. Then set out the development plan position and the policies engaged.
After that, one numbered section per reason for refusal, in the council's own order and using the council's own numbering. This is not a stylistic choice. The inspector writes the decision under the main issues, which are usually drawn from the reasons for refusal, and a statement that maps onto them is easier to accept than one that does not.
Within each section, keep a consistent order:
- Quote the reason for refusal in full.
- Identify the policies the council relies on and what each actually requires.
- Set out the facts, with the drawing or survey reference for every factual claim.
- Deal with the harm alleged, and say whether you accept any of it.
- State the conclusion on that issue.
Conceding a small point improves the rest. An appellant who accepts that a scheme causes limited harm to the outlook from one window, and then explains why that harm is outweighed, reads as credible. An appellant who denies everything does not.
Policy, its status and the weight to argue for
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the application to be determined in accordance with the development plan unless material considerations indicate otherwise. Start there, and be specific about which plan and which policies.
Then deal with weight. A policy in a plan adopted eight years ago that is inconsistent with the current National Planning Policy Framework attracts reduced weight, and the argument has to be made rather than assumed. State the edition of the Framework you rely on. The Framework was renumbered in December 2024 and re-issued on 17 August 2026 with policy-coded chapters, so a citation without an edition is ambiguous and inspectors notice.
Emerging policy has weight according to its stage, the extent of unresolved objections and its consistency with national policy. Neighbourhood plans, supplementary planning documents and adopted design guides sit below the development plan and are material considerations. Say which is which.
Using other appeal decisions properly
Appeal decisions are indicative of how inspectors have approached an issue. They are not binding precedent, and presenting them as though they were invites a short paragraph in the decision explaining that each case is determined on its own facts.
Use them for reasoning, not outcome. A decision that explains how an inspector assessed the relationship between a two-storey flank wall and a neighbouring window is useful because of the method. The fact that the appeal was allowed is not. Attach the full decision, give the appeal reference, and quote the paragraph you rely on rather than summarising it.
Court judgments are different. Where a point of interpretation has been settled by the High Court or above, cite it properly and expect the council to check.
Evidence that has to be in on day one
For written representations, the full statement of case goes in with the appeal. Documents produced later may be refused, and producing a survey at week eight that the council has been asking for since the application stage is the kind of behaviour that attracts a costs award against the appellant.
The evidence pack normally includes the refused drawings, the officer's report and decision notice, the Planning Statement and any Design and Access Statement submitted with the application, the specialist reports relied on, and site photographs taken in the season the inspector will visit. Where a technical objection was the reason for refusal, the technical report answering it must be complete, signed and authored by someone competent in that field.
One practical discipline. Every assertion in the statement should point to a document reference. If a claim cannot be referenced, either find the evidence or drop the claim.
Conditions offered in the alternative
Offer a schedule of conditions even where you argue that no harm arises. It costs half a page and it gives the inspector a route to allowing the appeal without agreeing with the council.
Draft conditions that meet the six tests in national policy: necessary, relevant to planning, relevant to the development, enforceable, precise and reasonable in all other respects. Where the council's officer report suggested conditions, start from those and mark your changes. Where a condition would secure the mitigation the council says is missing, say so explicitly and explain how it would be discharged.
Avoid offering conditions that cannot work. A condition requiring something outside the appellant's control, or requiring a survey that should have informed the design, will be rejected and weakens the case that harm has been addressed.
Costs, and when an application is worth making
Costs in planning appeals are awarded where a party has behaved unreasonably and that behaviour has caused another party to incur wasted expense. The guidance sits in the Planning Practice Guidance chapter on appeals, and it covers procedural unreasonableness as well as substantive unreasonableness.
Substantive grounds against a council include refusing on grounds unsupported by any evidence, ignoring a relevant appeal decision on a materially identical scheme in the same area, or refusing contrary to a clear officer recommendation without giving planning reasons. Delay, failing to produce the questionnaire on time and withdrawing a reason for refusal at a late stage are procedural grounds.
Make the application in writing at the same time as the statement in a written representations appeal, as a separate document rather than a paragraph buried in the case. Costs applications are not entertained in householder appeals under the fast-track service except in very limited circumstances, so check the current Procedural Guide before spending time on one.
An honest caveat: a weak costs application can sour a case that would otherwise read as measured. If the council behaved badly, say so precisely and evidence it. If it merely disagreed with you, do not apply.
Browse the 66 PlanScope report types if the appeal has exposed a gap in the evidence base, and draft the missing document before the statement is filed.
This is general guidance, not legal advice. Check the current Procedural Guide and the position with a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
How long do I have to lodge a planning appeal?
A section 78 appeal against refusal is generally made within six months of the date on the decision notice. The period is twelve weeks for householder appeals and certain minor commercial appeals. Enforcement notice appeals have their own, much shorter deadline tied to the date the notice takes effect, so check the notice itself.
Can I submit new evidence after the appeal starts?
In written representations the full statement of case goes in with the appeal, and material produced later may not be accepted. Late evidence also risks a costs award, particularly where the council asked for it during the application. Treat the filing date as the point at which the case is closed.
Do appeal decisions count as precedent?
No. Each appeal is determined on its own facts, and an inspector is not bound by another inspector's conclusion. Decisions are still useful for the reasoning and the assessment method they show. Cite the appeal reference, attach the decision and quote the paragraph you rely on rather than the outcome.
Should I offer planning conditions in my appeal statement?
Yes, even if you argue no harm arises. A short schedule of conditions gives the inspector a way to allow the appeal while addressing the council's concern. Draft them against the six tests in national policy and start from any conditions the officer report suggested, marking your changes clearly.
When can I claim costs against the council?
Where the council has behaved unreasonably and caused wasted expense, either procedurally or substantively. Refusing without evidence, ignoring a materially identical appeal decision locally, or withdrawing a reason for refusal late are examples. Make the application in writing alongside your statement, and check whether the appeal type permits costs at all.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.