Refusals and Appeals

Appeal fees, charges and what the Inspectorate charges for

7 min readBy PlanScope Editorial Team

Lodging a planning appeal is free. The cost sits in the preparation, the evidence and the procedure, and an inquiry budget bears no relation to a householder appeal.

No fee is payable to the Planning Inspectorate to make a planning appeal. Lodging an appeal against a refusal, a condition or non-determination costs nothing in filing charges, which surprises most householders who have just paid a council fee and a set of consultant invoices. The money goes elsewhere: on the people who prepare the appeal, on any new technical evidence, and on your own time. Before relying on the position, check the current guidance on the Inspectorate's appeal pages, because charging for appeals has been raised in past consultations.

What matters, then, is what an appeal costs you rather than what it costs to file.

Whether a fee is payable to appeal

Appeals against the refusal of planning permission, against conditions, and against the failure to decide within the statutory period are made under section 78 of the Town and Country Planning Act 1990 and carry no application fee. The same is true of enforcement notice appeals, listed building consent appeals and advertisement consent appeals.

Where the Inspectorate does recover money is in other regimes. Examination of nationally significant infrastructure projects under the Planning Act 2008 runs on cost recovery from the applicant, and some services such as supplying hard copies of documents attract a charge. Neither touches a householder appeal about a dormer.

There is one further financial point worth getting straight. Each party normally bears its own costs. The Inspectorate can award costs against a party, but only for unreasonable behaviour that has caused another party to waste expense, and that is a high bar rather than a routine outcome of winning.

The costs you will meet regardless

Even the simplest householder appeal has a floor. You need the full set of documents the council had, the decision notice, a statement explaining why the decision was wrong, and drawings that match what was refused. If the refusal turned on a point your original submission did not address, you will need to address it now, and on the Householder Appeals Service you cannot introduce new evidence later.

The items that reliably appear:

  • Agent or consultant time preparing the appeal statement and assembling the documents.
  • Any drawing revisions needed to present the scheme accurately, though substantive design changes mean a fresh application rather than an appeal.
  • A stronger policy case than the original submission carried, which is where a properly argued Planning Statement earns its place.
  • Specialist evidence to answer a technical refusal reason, such as daylight modelling or a highway safety note.
  • Your own time reading the officer's report and the objections.

The last of those is the cost people forget. A householder appeal is a two to three day reading and writing job if you do it yourself, and most of that time is spent working out what the refusal reason actually means. Reading a refusal notice properly first is covered in more depth in reading a refusal notice and turning it into a plan.

Procedure choice and what it does to the bill

The Inspectorate decides the procedure, taking account of what the parties want. The procedure is the single biggest determinant of cost, by a wide margin.

Procedure Typical use What drives your cost
Householder Appeals Service Refused householder development, written only, no site visit attendance One written statement, no new evidence after lodging
Written representations Most minor and many major appeals Statement of case, comments on the council's statement, any technical appendices
Hearing Cases needing discussion but not cross-examination Attendance by you and your agent, a statement of case, usually no proofs of evidence
Inquiry Large or legally complex cases Proofs of evidence from each witness, counsel, venue, rebuttals, attendance over several days

A householder appeal and an inquiry on the same site would differ by more than an order of magnitude in professional fees. If an inquiry is being suggested for a small scheme, ask why, because the procedure has to be proportionate to what is in dispute.

Professional fees and what drives them

Appeal fees from agents are usually quoted as a fixed sum for written representations and as a day rate plus preparation for hearings and inquiries. What moves the number is not the size of the building.

It is the number of refusal reasons, because each one needs its own evidence. It is whether the council's case rests on a technical discipline you have no evidence in, which means commissioning a specialist. It is whether third party objections raise points the council did not, since you have to answer those too. And it is whether the site has a planning history, because an inspector will read the earlier decisions and so must you.

For comparison, a Planning Statement prepared by a consultant for an application is commonly quoted somewhere in the range of several hundred to a couple of thousand pounds depending on the scheme. Appeal work on the same site costs more because it is adversarial and because the document has to stand without a case officer willing to ask questions.

Withdrawing and resubmitting sometimes costs less than appealing, and the fee regulations allow one further application free of charge within 12 months in defined circumstances. Withdrawing an application before refusal sets out when that is the better route.

Charges that move each year and where to check them

Planning application fees in England are set by regulations and have been subject to annual indexation, so any figure you read in an article may already be out of date. Check the current schedule on the Planning Portal fee calculator or in the fee regulations before budgeting. The same caution applies to a council's pre-application charges, which each authority publishes and revises on its own cycle.

Appeal deadlines do not move, and missing one ends the matter. Householder and minor commercial appeals have 12 weeks from the date on the decision notice. Most other section 78 appeals have six months. Enforcement notice appeals must be made before the notice takes effect, which can be a matter of days. Diarise the date on the notice itself rather than the date you opened the envelope.

Budgeting for a hearing or an inquiry

An inquiry is a litigation budget in planning clothing. The appellant typically pays for counsel, for a planning witness, for each technical witness, for proofs of evidence and rebuttal proofs, for the venue where the council does not provide one, and for the days spent sitting in the room. Costs accumulate before the inquiry opens, because proofs are exchanged weeks in advance and most of the work is done by then.

Three ways to keep it proportionate. Narrow the issues by agreeing a statement of common ground early, so witnesses only cover genuine disputes. Use one planning witness who can speak to policy rather than two who overlap. And settle the section 106 obligations before the inquiry rather than during it, because drafting under time pressure is where legal fees run.

If a scheme cannot bear an inquiry budget, a hearing or written representations may still be available, and it is worth saying so in the appeal form.

Whether the appeal is worth making

Weigh three things. First, whether the refusal reasons are answerable with evidence you can get, or whether they reflect a policy conflict that will not shift. Second, whether a revised scheme would be acceptable, in which case a free resubmission is faster and costs less than an appeal. Third, how much the permission is worth to you, since appeal costs are real and the outcome is never certain.

Objectors have their own part in this and can make written submissions once an appeal starts, as what objectors can do once a planning appeal starts explains. Their points go into the inspector's reasoning alongside the council's.

This is general guidance, not legal advice; check the position with your local planning authority or 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. Enter your postcode on PlanScope to see which reports your site is likely to need.

Frequently asked questions

Does the Planning Inspectorate charge a fee for a planning appeal?

No fee is payable to make a planning appeal under section 78 of the Town and Country Planning Act 1990, and the same applies to enforcement, listed building and advertisement appeals. The Inspectorate recovers costs in other regimes, such as examination of nationally significant infrastructure projects. Check the current appeal guidance before relying on this, since charging has been consulted on before.

How long do I have to appeal a householder refusal?

Twelve weeks from the date on the decision notice for householder and minor commercial appeals, and six months for most other section 78 appeals. Enforcement notice appeals have to be made before the notice takes effect, which may be only days away. The clock runs from the date printed on the notice, not the date you received it.

Can I recover my costs if I win the appeal?

Usually not. Each party normally bears its own costs in a planning appeal. The Inspectorate can make an award of costs, but only where a party has behaved unreasonably and caused another party to waste expense. Winning the appeal on its merits is not in itself unreasonable behaviour by the council.

Should I resubmit instead of appealing?

Often, yes. The fee regulations allow a further application free of charge within 12 months in defined circumstances, and a revised scheme can answer a design or amenity objection directly. Appealing makes more sense where the refusal rests on a policy judgement you think is wrong rather than on something the drawings can fix.

What makes an inquiry so much more expensive than written representations?

Proofs of evidence, counsel and attendance. Each witness prepares a proof and often a rebuttal, legal representation handles cross-examination, and the inquiry itself may sit for several days. Most of the spend happens before it opens. Narrowing the issues through a statement of common ground is the main way to control it.

Sources and further reading

planning appealappeal costsplanning inspectoraterefusalhouseholder appealbudgeting

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.

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