How to appeal if you don’t get listed building consent
If your application for listed building consent is rejected, it’s not the end of the story. Much like the regular planning permission process, you can still appeal the decision.
Why consent might be refused
Listed building consent is required for a variety of works to safeguard the historic and architectural integrity of these buildings within the wider locale.
If the local planning authority (LPA) does not feel you have provided evidence in your application to confirm your development meets these criteria, they will refuse consent. (See our blog for more information about what constitutes listed building consent.)
When you can appeal a decision
There are two reasons you might choose to appeal a decision regarding your listed building consent:
- If the LPA fails to make the decision within the mandatory 8-week period (or 13 weeks for a major development); or
- If you disagree with the reasons given for the refusal or disagree with any conditions placed on the consent.
Note: there is no fee for making an appeal against a decision regarding your listed building consent and, statistically speaking, planning appeals have a good rate of success.
Deadlines for appealing
There is a 6-month timeframe for appealing a refusal of listed building consent—starting either from the date of the decision or the date when the decision was due (if the LPA fails to make the decision within the relevant time limit).
Your appeal will be made to the Planning Inspectorate either online or by post. Once this appeal is validated, you will then usually receive their decision within about 6 months.
What to submit with your appeal
As specified on the official Gov.uk website, your appeal should include the following supplementary information:
- a copy of your listed building consent application form and all documents you sent with this original application;
- a copy of the site ownership certificate;
- site plans;
- any correspondence with your local planning authority; and
- any other documents that directly support your appeal (eg: boundary maps).
Combining appeals
Applications for listed building consent on a proposed development are often associated with regular planning applications. The appeals process is similar for each one.
If you need to appeal both, make sure you complete and submit the forms for each on the same day in order to help the Planning Inspectorate keep track and ‘combine’ the two appeals. This will help avoid any costly delays.
Troubleshooting problems with an appeal
While most appeals processes are straightforward, occasionally there can be issues.
You might be concerned with how the Planning Inspectorate has dealt with your appeal, in which case you can make a complaint. Or you might disagree with their decision on the basis of a potential legal mistake. In this case it might be advisable to have a chat with a listed building specialist first (to look over the specifics of the case and determine whether you have cause for concern), before potentially seeking advice from a lawyer and looking to challenge the decision in the High Court.
In cases where someone involved in your appeal has behaved ‘unreasonably’ (eg: where they have missed deadlines and cost you money), you can also apply for an ‘award of costs’. Be aware, however, that the Planning Inspectorate can also ask you to pay costs if they feel you have behaved unreasonably—even if nobody else has claimed against you.
Further information
GOV.UK has produced a document to help you through the appeals process, including guidance on completing and submitting the form.
However, if you’re still unsure or want some expert advice for a better chance of success with the appeal, talk to an independent listed building specialist who can help you through the process.