The interpretation of planning appeals

The extent to which aggrieved applicants appeal against planning refusals varies between types of development, between regions and over time. So, too, though in lesser degree, does the extent to which appeals are successful. The paper seeks to explain these variations. It does so by arguing that the appeal rate varies with the support that central government ministers and their inspectors (the Central Planning Authority, CPA) give to the local planning authorities (LPAs), with appeal costs and with applicant and LPA willingness to renegotiate over refused applications. The appeal success rate is seen to be largely independent of the appeal rate and varies with potential appellants’ awareness of CPA policy and with their rationality.

It is concluded that appeal rate differences are best explained in terms of the CPA's support for the LPAs whether consideration is given to applications submitted nationally for different development types, to applications submitted in the eight English regions or to applications submitted in England and Wales over the period since 1974. Thus, CPA support for the LPAs is high in relation to change of use and householder developments but low in relation to development of the other major type; the CPA is less supportive of LPA policy in Yorkshire and Humberside and in East Anglia than in the other English regions, at least in the mid 1980s; and the CPA markedly reduced its support for the LPAs in England and Wales in the early 1980s.

It is also concluded that the low appeal success rate for minor residential development is the result of low appellant rationality, potential appellants being particularly determined to press their proposals against the odds. Appellant awareness of CPA policy and rationality may be comparable for the remaining development types since the appeal success rate shows little variation. Similarly, appellant awareness and rationality may be comparable in the eight English regions. In contrast, the appeal success rate in England and Wales as a whole has increased since 1974 perhaps because potential appellants are now more aware of CPA policy.