What If My Planning Application Is 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.
  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). 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. It is highly recommended to obtain professional advice from a planning consultant prior to making an appeal.

2) Modify and Re-submit

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) 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.
  • Stronger landscape and design proposals that better improve visual amenity.
  • Ensuring all technical assessments have been provided and are robust.
  • Community engagement: gathering local input can help address concerns and strengthen the case.
  • Taking on board any wider objections received to the refused application.

Preparing for an appeal

If you choose to appeal, gather all relevant documentation. For the written representations route 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 outlining why the Inspector should approve the proposal.
  • Any new evidence or updated studies that may support your case.

Final thoughts

A planning application refusal is not the end of your project; it's a chance to re-evaluate and refine your proposal. At Evolve Planning, we specialise in navigating the complexities of the appeals process and turning rejections into approvals. Contact Evolve Planning today on 01889 504136 to discuss your case and discover your path forward.

 

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Whether you're scoping a strategic site, preparing for appeal, or looking for advice on a single application - we'd be glad to hear from you. We aim to reply within 24 hours.

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