Making Your Case: How to Prepare a Strong Statement of Case for Planning Appeals

When preparing a Statement of Case for a planning appeal, it's vital to remember that the appeal will be determined on the same basis as the original application. This means the Inspector will assess the proposal in the context of the planning merits and the development plan, just as the local authority did.

As such, the Statement of Case should not only address the specific reasons for refusal but should comprehensively set out why planning permission should be granted. This is a key opportunity for the appellant to reinforce the positive case for the development. Too often, Statements focus narrowly on rebutting objections without restating the full planning rationale behind the scheme.

A well-prepared Statement will respond directly to the reasons for refusal but do so within the broader framework of planning policy, material considerations, and site context. This approach ensures that the Inspector is presented with a full and reasoned case for approval, rather than a reactive or defensive argument.

It’s also important to avoid framing the appeal as a critique of the decision-making process. The planning system in England is discretionary by design, and professional judgements can, and often do, differ. Officers and local planning authorities are entitled to reach their own conclusions based on the information before them. That does not make a decision inherently flawed or open to personal criticism.

Statements that contain accusatory or inflammatory language, for example suggesting that officers or committees acted unreasonably or incompetently, are not only unhelpful, they risk undermining the appellant’s own credibility. Planning Inspectors are impartial decision-makers and respond best to measured, evidence-based submissions.

By acknowledging the professional judgement exercised by the council, while presenting a well-reasoned and clearly articulated alternative view, appellants position themselves as credible and persuasive voices in the appeal process.

Furthermore, keeping the Statement focused on planning merits also reduces the risk of incurring costs. As the Planning Inspectorate’s Procedural Guide highlights, introducing new evidence at appeal stage that could have been provided with the application may be considered unreasonable and could trigger an award of costs against the appellant.

In summary, a strong Statement of Case:

• Sets out the full planning justification for the scheme;

• Responds constructively to the reasons for refusal;

• Avoids personal or emotive language about the council’s decision;

• Reflects a professional, policy-led case for approval;

• Demonstrates respect for the discretionary nature of the planning system.

  
  

Planning appeals are not about who was right or wrong—they are about assessing whether a proposal merits planning permission. The Statement of Case is your chance to show that it does.

Statements of Case should comprehensively set out why planning permission should be granted