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Comparison of success rates for planning appeals in the East Midlands

There is significant variability across the local planning authorities in the East Midlands in their performance in defending planning appeals.  Appeal finder's comparison tables for 2019-20 and the previous year 2018-19 are below, revealing some uncomfortable truths about the likelihood of success for s78 planning appeals for appellants and local planning authorities alike.
For householder appeals please see the very bottom of the page.

LPAs with the highest and lowest planning appeal success rates

The LPAs with the best records for successfully defending their s78 appeals in 2019/20 in the East Midlands were Erewash, Bolsover, Oadby & Wigston, South Northamptonshire and South Holland, with less than 14% of their appeals overturned/ allowed by the Planning Inspectorate.

At the bottom of the league table this year in the East Midlands were Northampton, North West Leicestershire, Lincoln and Lincolnshire with 49% or over of their appeals allowed, significantly higher than the national average of 24%.


2019/20 Local Plan published (P), submitted (S), found sound (FS) or adopted (A) Jan 2018–May 20
2018/19
LPA in East Midlands number decided number allowed % allowed
number decided number allowed % allowed
Amber Valley 16 3 19%

18 1 6%
Ashfield 33 13 39%

14 4 29%
Bassetlaw 38 7 18%

33 12 36%
Blaby 11 2 18%

10 2 20%
Bolsover 9 1 11% A March 2020
7 3 43%
Boston 18 7 39% A March 2019
6 3 18%
Broxtowe 13 5 38%

8 3 38%
Charnwood 29 5 17%

17 5 29%
Chesterfield 7 2 29% FS June 2019
4 2 50%
Corby 10 3 30%

8 2 25%
Daventry 31 8 26%

13 0 0%
Derby 27 4 15%

8 4 50%
Derbyshire 0 0 -

1 1 100%
Derbyshire Dales 27 11 41%

12 4 33%
East Lindsey 28 7 25%

41 10 24%
East Northamptonshire 30 12 40%

18 5 28%
Erewash 4 0 0%

5 3 60%
Gedling 16 4 25%

8 0 0%
Harborough 30 6 20% A April 2019
19 9 47%
High Peak 19 6 32%

13 3 23%
Hinckley and Bosworth 25 9 36%

26 6 23%
Kettering 23 5 22%

14 2 14%
Leicester 57 8 14%

20 3 15%
Leicestershire 0 0 -

0 0 -
Lincoln 9 5 56%

8 3 38%
Lincolnshire 1 1 100%

0 0 -
Mansfield 11 2 18% FS March 2020
4 1 25%
Melton 12 3 25%

19 8 42%
Newark and Sherwood 42 11 26% A March 2019
34 9 26%
North East Derbyshire 17 7 41%

26 9 35%
North Kesteven 24 5 21%

14 3 21%
North West Leicestershire 8 4 50% S Feb 2020
11 3 27%
Northampton 35 17 49%

26 13 50%
Northamptonshire 0 0 -

0 0 -
Nottingham 60 12 20%

28 9 32%
Nottinghamshire 0 0 -

0 0 -
Oadby and Wigston 8 1 13% A April 2019
6 1 17%
Peak District 20 8 40%

8 3 38%
Rushcliffe 41 13 32%

20 9 45%
Rutland 13 3 23%

11 4 36%
South Derbyshire 14 6 43%

14 3 21%
South Holland 30 4 13%

19 6 32%
South Kesteven 26 9 35% A Jan 2020
15 2 13%
South Northamptonshire 24 3 13%

13 2 15%
Wellingborough 11 3 27%

15 6 40%
West Lindsey 32 8 25%

29 6 21%

Change in planning appeal success rates over time

A comparison with the Planning Inspectorate's data for the previous year 2018-19 shows a significant improvement for some local planning authorities and a decline for others. For example, Chesterfield's rate of 50% of appeals allowed over 2018/19 dropped to 29% in 2019/20, with their emerging Local Plan found sound in June 2019.  Harborough's appeal rate dropped from 47% in 2018/19 to 20% in 2019/20 after adopting their Local Plan in April 2019.  Unfortunately a new Local Plan does not always have a positive effect on appeals; for example Boston experienced a rise in appeals from 18% in 2018/19 to 39% in 2019/20 after their adoption of the South East Lincolnshire Local Plan in March 2019.

Change over time can reflect one or more of the following factors:
    • progress of a Local Plan;
    • change in five year housing land supply position;
    • LPAs granting permission more readily after experiencing a previous swathe of appeals (behaviour adjustment);
    • planning Inspectors being less inclined to allow an appeal due to individuals’ working styles and PINS guidance;
    • statistical variance or a small number of appeals.

Householder appeals

Householder appeal rates for 2019/20 and a comparison with the previous year 2018/19 are below:


2019/20 Local Plan
published (P),
submitted (S),
found sound (FS)
or adopted (A)
Jan 2018–May 20

2018/19
LPA in East Midlands number decided number allowed % allowed
number decided number allowed % allowed
Amber Valley 5 1 20%

0 0 -
Ashfield 1 0 0%

3 2 67%
Bassetlaw 3 1 33%

5 1 20%
Blaby 3 0 0%

3 0 0%
Bolsover 2 0 0% A March 2020
0 0 -
Boston 2 1 50% A March 2019
1 0 0%
Broxtowe 7 2 29%

3 1 33%
Charnwood 5 0 0%

3 0 0%
Chesterfield 3 1 33% FS June 2019
2 0 0%
Corby 6 2 33%

4 1 25%
Daventry 9 3 33%

10 2 20%
Derby 3 1 33%

1 1 100%
Derbyshire 0 0 -

0 0 -
Derbyshire Dales 8 1 13%

8 3 38%
East Lindsey 3 0 0%

3 0 0%
East Northamptonshire 7 4 57%

4 1 25%
Erewash 2 0 0%

2 0 0%
Gedling 7 3 43%

2 0 0%
Harborough 6 1 17% A April 2019
4 0 0%
High Peak 7 3 43%

7 3 43%
Hinckley and Bosworth 12 4 33%

20 7 35%
Kettering 8 6 75%

3 0 0%
Leicester 13 2 15%

5 2 40%
Leicestershire 0 0 -

0 0 -
Lincoln 2 0 0%

3 0 0%
Lincolnshire 0 0 -

0 0 -
Mansfield 1 1 100% FS March 2020
8 2 25%
Melton 3 1 33%

1 0 0%
Newark and Sherwood 13 3 23% A March 2019
4 1 25%
North East Derbyshire 3 1 33%

7 2 29%
North Kesteven 1 1 100%

1 1 100%
North West Leicestershire 3 0 0% S Feb 2020
0 0 -
Northampton 13 4 31%

9 3 33%
Northamptonshire 0 0 -

0 0 -
Nottingham 8 1 13%

9 5 56%
Nottinghamshire 0 0 -

1 0 0%
Oadby and Wigston 5 1 20% A April 2019
5 3 60%
Peak District 11 4 36%

13 5 38%
Rushcliffe 6 1 17%

5 0 0%
Rutland 6 0 0%

8 3 38%
South Derbyshire 3 0 0%

7 3 43%
South Holland 0 0 -

1 0 0%
South Kesteven 2 0 0% A Jan 2020
3 0 0%
South Northamptonshire 8 4 50%

5 4 80%
Wellingborough 3 0 0%

1 0 0%
West Lindsey 5 1 20%

6 1 17%

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