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22nd February 2023

What you can learn from planning appeals to improve your own chances of success

How can you learn from others’ appeals? Our top 5 tips are:

1. Get into the Decision Maker's mindset

In preparing your case you will already have rehearsed the benefits of the development, but now step into the shoes of the Decision Maker, whether they are the local planning officer, the planning committee or a Planning Inspector. How will they react to your case? What unexpected concerns might they have that could derail the scheme? A quick read of an appeal helps you get into this different mindset and shifts your perspective to a Decision Maker's point of view.

2. Check how the relevant policies have been applied in other cases

Look at appeal Decision Notices involving the same policies as apply in your case, whether specific Local Plan policies or NPPF policies. It’s surprising how often people read the same policy differently.  Not only can this reveal weaknesses you hadn’t previously spotted, it can also sometimes give new positive approaches you can use.

3. Re-consider the development from a different perspective

It's easy to get tunnel-vision from looking very intently at your own proposals. You can broaden out your perspective by looking at other appeals for similar development. This can identify additional issues or unexpected angles you had inadvertently overlooked in your own scheme. While it's not always comfortable to see what you've missed, forewarned is forearmed.      

4. Step back and look dispassionately at the problem

It's easier to be dispassionate when it's someone else's appeal. How did the Inspectors respond to the arguments you are using for your own case? How much weight did they give to different aspects? Then reconsider whether your case is as strong as you think, and how you might bolster it.

5. Consider the worst outcome

If your planning application has already been refused or looks like it will be, consider carefully whether your best strategy is to revise the design and resubmit, rather than appeal. Think more broadly and strategically about different ways you could achieve success.

For more ideas on how to improve your game, see our hot tips on How to become a better planner.

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