WHAT IF MY PLANNING APPLICATION HAS BEEN REFUSED?

Understanding the reasons for a refusal

When a planning permission request is refused, local planning authorities (LPAs) typically give reasons tied to planning policies, sustainability considerations or development impacts. Common grounds for refusal include:

• Not compliant with national and/or local planning policies (e.g. not a sustainable location, impact on the openness of the Green Belt).
• Design, visual and amenity impacts.
• Technical constraints such as a highway safety issue or flood risk.
• Impact on heritage, landscape or biodiversity assets.
• Inadequate information or insufficient surveys (e.g. ecology, drainage, trees, noise).

Understanding the exact reasons for refusal on your decision notice is crucial. It will determine the steps you can take, the potential to appeal and how to tailor any revised proposal.

Immediate steps after a refusal

1. Read the decision notice carefully. The notice will outline the reasons for refusal and the applicable time limits for any next steps. Missing a deadline can mean you lose the right to appeal.
2. Check whether there is an option to modify or resubmit your proposal. Some refusals are narrowly framed and may allow a new application addressing the specific concerns without the need to appeal.
3. Seek professional advice. A planning consultant can help you interpret the reasons and advise on the best route forward.

Options to consider after a planning application is refused

1) Appeal

If you believe the decision of the local planning authority is incorrect or you consider the authority has applied planning policy incorrectly, you may appeal to the Planning Inspectorate (in England and Wales) or the corresponding body in Northern Ireland or Scotland. Appeals are typically considered on grounds such as:

• Whether planning policy objections were correctly applied and/or justified.
• Whether the development would have any significant negative impacts and whether such harm could be outweighed by the benefits of the proposal.
• Whether any technical objections are correctly founded
• Whether the proposal includes appropriate mitigation or design improvements.

Appeals require careful preparation, including responding to the reasons for refusal with evidence. An appeal can be in the form of a written representation, an informal hearing or inquiry involving legal representation. The determination of the appeal type is primarily made by the Planning Inspectorate (PINS). PINS decide which procedure to follow based on the complexity of the case, public interest, and the representations from the appellant (the applicant) and the LPA.

It is highly recommended to obtain professional advice from a planning consultant prior to making an appeal. Only one appeal can be made against a decision.

2) Modify and Re-submit (a new planning application)

Refusal can highlight the exact issues that need addressing. You may choose to revise your plans to better align with policy and address concerns raised and then resubmit. This approach can be faster and sometimes more cost-effective than appealing.

3) Householder and other expedited routes

In some cases, there are quicker or alternative routes for certain types of applications (for example, householder applications or permitted development rights). A professional can confirm whether any expedited route applies to your situation.

4) Pre-application with the local planning authority

Engaging with the LPA through pre-application discussions can provide useful feedback and potentially lead to a revised proposal that aligns more closely with policy before formal submission of a new planning application.

Crafting a robust revised proposal

If you decide to resubmit, focus on:

• Ensuring clear alignment with local and national planning policies, seeking a distinction from the refused scheme.
• Stronger landscape and design proposals that better improve visual amenity, again with a distinction from the refused scheme
• Ensuring all technical assessments have been provided and are robust (e.g. for transport, ecology, noise, trees, heritage etc.).
• Community engagement: gathering local input from residents or from a Parish Council/local representatives can help address concerns and strengthen the case.
• Taking on board any wider objections received to the refused application.

A revised application should demonstrate how you have addressed each of the original reasons for refusal, with a clear distinction between the refused and revised schemes. Providing updated surveys, technical statements and a coherent design narrative can significantly improve the likelihood of a positive outcome.

Preparing for an appeal

If you choose to appeal, gather all relevant documentation. In the case of the written representations route (the most common and simple of all appeal processes) you will need:

• The original decision notice and the list of reasons for refusal.
• All submitted plans and supporting reports.
• A clear, structured written statement of case case outlining why the Inspector should approve the proposal and why the Council were wrong in refusing the scheme.
• Any new evidence or updated studies that may support your case, however please note the appeal process does not allow you the opportunity to amend the scheme in order to address the reasons for refusal.

Be mindful of deadlines. Appeals are time-sensitive and missing a deadline can jeopardise your case. A planning consultant can help ensure you meet all requirements and present a robust and persuasive case.

Costs and budgeting considerations

Refusals can impact your budget in several ways:

• Application fees for resubmission (note you can currently appeal for free).
• Professional fees (for consultants and in some cases legal advice and representation).
• Potential costs of additional surveys / reports.
• Likely delays in starting the project.

Early budgeting and obtaining professional advice are essential to avoid surprises. Consider a staged approach: initial revision and resubmission, with a fallback to appeal if absolutely necessary.

Final thoughts

A planning application refusal is not the end of your project; it’s a chance to re-evaluate and refine your proposal. By carefully reviewing the reasons for refusal, seeking expert guidance and choosing the most appropriate next step, whether resubmission with improvements, or making an appeal, you can improve your chances of success.

At Evolve Planning, we specialise in navigating the complexities of the appeals process and turning rejections into approvals. Our expert team will review your case, identify the core issues and build a strategy to give your project the best possible chance of success.

Don’t let a refusal stop your vision. Contact Evolve Planning today on 01889 504136 to discuss your case and discover your path forward.