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Dundas & Wilson
Planning Appeals

In an ideal world, there would be no appeals, which are time consuming and expensive for all parties. Every planning strategy should have 'appeal avoidance' as an underlying theme as the appeal process directly undermines the key objective to secure planning permission as soon as possible.

Recent political attempts to introduce third party rights of appeal did not succeed but the trade off was a political commitment to enhanced community engagement at the start of the process.

Nevertheless, there will still be cases where an appeal is necessary and prudent. However, it should not be undertaken lightly and it should be preceded by a legal assessment on prospects for success. The opportunity cost of pursuing cases with slim prospects of success must be significant as valuable resources are tied up in the process rather than diverted back to business development.

Even, when an appeal is necessary, the most appropriate forum should be carefully considered as adversarial inquiries do not necessarily produce the best planning decision.

We have extensive experience of planning appeals and call ins; we will use that experience to tell you how it is – no fudging on prospects.




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