Likelihood of winning a planning appeal

The Planning Inspector's annual statistics for 2021-22 have recently been published with each individual Inspector and LPA's performance available through the links below.  Average figures can only give you a rough idea and should be treated with great caution, but nevertheless can be a useful starting point in assessing your chances of success and in setting your client’s expectations.

Local Planning Authorities' record of planning appeals allowed

LPAs’ appeal success rates vary widely; the most and least successful at winning s78 planning appeals in 2021/22 are shown below.  Bear in mind performance can change dramatically over time, particularly if a Local Development Plan has been recently adopted.

The full results of every LPA in England for s78 planning appeals, householder appeals and enforcement appeals in 2021/22 are listed here.

Your Inspector's average

All Inspectors are well trained and follow the same procedure, however personality and outlook do make a difference. Experience shows some Inspectors are undoubtedly less 'development friendly' than others. The Planning Inspectorate’s annual list of the % of appeals allowed by each individual Inspector over 2021/22 is available here.

Bear in mind that the types of development an Inspector has dealt with influences the results.  Particular caution should be exercised if the Inspector has dealt with only a small number of appeals.

Parties are not allowed to request a different Inspector but forewarned is forearmed and knowing the allotted Inspector's previous decisions can help you identify any repeating themes in their approach and respond to them appropriately.  For instance, it may reveal that your focus on landscape impact has blinded you to that particular Inspector's regular concern regarding bus services and accessibility.  You may be able to address your Inspector's repeating themes as part of your response to the LPA's case. It’s straightforward to bring up your appointed Inspector’s recent decisions using the Appeal Finder Search.

Does past performance matter when each appeal is unique?

Statistics can be useful in setting expectations but should be seen as only one ingredient among many when assessing the likelihood of your appeal's success. The most significant factors remain the strength of the appeal case and the development’s conformity with the Local Development Plan.

We have seen strong appeals dismissed and weak appeals allowed. It is vital to overlay statistics with real-world unpredicability. Your best guess is only that - the best predictor you can give at the current point in time.  Anything can happen in love and war.