What If My Planning Application Is Refused?

Key Highlights

• A refused planning application doesn’t have to be the end of the road for your project.
• Understanding the reasons behind the refusal is vital for deciding your next steps.
• You can reassess your application, making necessary adjustments to address the concerns raised.
• Alternatively, the appeals process offers a route to challenge the decision.
• Preparing thoroughly for an appeal is crucial, ensuring all necessary documents and evidence are presented effectively.
• If your application is refused, consulting with a qualified town planner is highly recommended, as they can provide professional insight into the reasons behind the refusal and advise on the most effective next steps.

Introduction

Navigating the planning application process in UK can be tough. It is hard when local authorities, especially their planning departments, say no to an application. However, a refusal is not always the end. This blog will help you understand why your application might be turned down. It will also look at the possible next steps you can take.

Understanding Reasons for Planning Application Refusal

Local authorities look at planning applications using many criteria. They consider how the proposed development will affect the neighbourhood and whether it meets local and national planning policies. We can see several reasons for refusal. The most common issues include:

• The design does not meet the required planning policies
• Missing information or mistakes
• Differences from the local council’s development plans
• Loss of privacy for nearby residents
• Worries about the negative effect on the environment
• An error in the council’s assessment of the application

So, if your application is refused, it usually relates to how well it matches these criteria. Understanding why the refusal happened is important. It helps you decide what to do next.

The Impact on Local Environment and Privacy

One common reason for denial is that the proposed development could harm the environment or invade neighbours’ privacy. For instance, if your project blocks sunlight on a neighbour’s home, interrupts their views, or causes too much noise or traffic, it may face objections.

The planning authority also looks at how the project affects the quality of life for people who already live in the area. If your idea is seen as damaging to the character of the neighbourhood or causing issues with local facilities, like parking, infrastructure, or green spaces, it may not be approved.

To increase your chances of approval, it’s vital to tackle these worries before submitting your planning application. Offering clear details about your project’s impacts, along with plans to address them, can greatly enhance your proposal.

Conflicts with Local Development Policies

Planning applications need to match the local council’s ideas for development in the area. These ideas are usually found in local development policies. These policies help ensure that all development is smart and fits well together. They cover things like how buildings look, how many there are, and how land is used. The National Planning Policy Framework (NPPF) is also important. It helps guide decisions about planning.

Many proposals get turned down when they don’t fit with these policies. For example, if someone wants to build a structure that does not fit in with nearby buildings, or if it is too tall, it is likely to be denied. Projects that go against the council’s plans, such as putting a business in a residential area, can also be rejected.

It is important to understand the local development context. You should show how your project matches these policies.

Next Steps After a Planning Application Refused

Getting a refusal for your planning application can be upsetting. However, it doesn’t have to mean the end of the road for your project. Fundamentally, you have three main choices. First, you can take some time to rethink your application and make changes to fix the issues mentioned. Second, you can decide to appeal the decision. Third, you may choose to abandon the project. The reasons for the refusal will determine which of these options is best for your project.

Resubmitting Planning Application: Tweaks and Changes

If the refusal points out specific issues, it might be a good idea to review your application and make necessary changes. This could include:

1. Fixing Design Problems: Changing the design to fit better with the area or lessen the impact on neighbours.
2. Making the Proposal Smaller: Adjusting the size of the project to have less effect on the local community.
3. Adding More Information: This might mean sending extra reports or studies to tackle certain concerns, like a better traffic plan or an updated environmental impact report.

Getting advice and help from a qualified town planner can be very helpful during this time. They can explain the refusal notice, find out what needs to be changed, and give you the best options for resubmitting your application.

The Appeal Process: A Path to Reconsideration

If you think the planning authority made the wrong decision or your planning permission application needs more attention, you can appeal. The appeals process means you will take your case to the Planning Inspectorate. This is an independent government group that reviews cases to ensure the process is impartial.

During an appeal, you usually need to explain why you disagree, provide supporting evidence, and maybe go to a hearing. The Planning Inspector will look at all the documents you sent and might visit the site. They will then make a decision to keep, change, or throw out the original planning decision.

It is very important to collect all necessary information. This includes the original application, the refusal notice, and any messages with the planning authority. If you present a clear and strong case, it can really help your chances of success. If you do not submit a strong appeal that clearly demonstrates the council has made a mistake you may lose the appeal.

Consulting with a certified town planner can be beneficial in understanding the rejection notice, identifying necessary modifications, and determining optimal strategies for appeal process.

Preparing for a Planning Appeal in the UK

Starting a planning appeal needs good preparation to improve your chances of winning. You should understand the steps you need to take and meet all the required standards.

First, you must follow the strict deadlines for submitting your appeal. This often means filing your appeal with the Planning Inspectorate within 6 months of the decision notice. If you don’t, your appeal could be considered invalid.

It’s also important to learn about the type of appeal that fits your case best. Different appeals have different levels of difficulty and formality. You should gather all important documents and think about if you need help from a certified town planner.

Gathering Necessary Documents and Evidence

A successful planning appeal depends on the strength of the evidence you show. You need to gather all the right documents to back up your case. First, collect the original planning application. This includes any plans, drawings, and supporting statements you submitted. You will also need the decision notice that explains why your application was refused.

Think about adding other documents that weren’t included at first. This might be expert reports or more information that replies to the planning officer’s concerns. For example, if the refusal mentions worries about traffic, providing a clear traffic impact assessment from a qualified expert could help your case.

Make sure everything is clear and organized. Label all your documents well, and present them in a logical way.

Understanding the Timeline and Process

The planning appeal process follows specific timelines and rules that you should know. After you submit your appeal documents, the Planning Inspectorate checks them and informs everyone involved, including the local planning authority. The local planning authority then shares its statement of case, explaining why they refuse your appeal.

Next, there’s a time for sharing more information and comments. The process changes based on the kind of appeal you have. For simpler cases, a written representations appeal works best. This means you submit written arguments and evidence.

For more complicated cases, you might need a hearing or even a public inquiry. This is a formal process where evidence is shown and looked at by witnesses and experts.

It is important to stay updated on the timelines and possible delays. This helps you manage your expectations and get ready for each step.

Choosing to Abandon the Project

Abandoning a project after a planning refusal might feel like a difficult decision, but in some cases, it can be the most practical choice. If the council’s refusal highlights significant issues that would require extensive changes, high costs, or a long approval process, walking away from the project could save time, resources, and frustration.

This option is especially sensible if adjustments would compromise the original vision or budget, or if the site’s limitations make future refusals likely. Moving on allows you to focus on more feasible projects that may offer a better return on investment and fewer hurdles. Sometimes, knowing when to let go can open doors to new, more promising opportunities.

Seeking Professional Assistance If Your Planning Application Is Refused

If your planning application is refused, it’s worth considering what may have led to this outcome and what next steps to take. Fortunately, planning refusals are rare at Planning by Design. This is because we always conduct a thorough planning appraisal before clients commit to drawings or a planning application, especially for projects that may carry higher risk or have limited chances of approval. We aim to identify and address potential issues from the start.

Once we submit an application, the council typically informs the chartered town planner if they have any concerns or require additional information. If minor design adjustments are requested and the client agrees to these, it often prevents a refusal. The same applies if the council needs additional details—providing this information usually satisfies their requirements.

If an application is still refused, we first review the reasons carefully. Sometimes, a minor design change or added information is all that’s needed for a successful resubmission. However, if we believe the council may have made an error in their judgment, an appeal to the planning inspectorate, independent of the council, could be appropriate to avoid any bias. Appeals require a new planning statement justifying why we believe an error was made, based on relevant planning policies.

At Planning by Design, refusals or appeals are rare, but in these cases, we’re here to guide you through the process. Unlike many companies, we usually charge only for the project type on appeal, making it about 50% less than the original application fee. If you’d like to discuss how we can support your next steps after planning application is refused, get in touch with us for free no obligation consultation.

Conclusion

In conclusion, getting a refusal for your planning application can feel discouraging. It’s important to know why it happened and plan your next steps carefully. You can review your application and make changes or think about the appeal process to aim for a better result. Being prepared is crucial. This means gathering support, understanding the appeal timeline, and staying informed. If your application is refused, it’s wise to seek the expertise of a qualified town planner. They can provide valuable insight into the specific reasons for the refusal and recommend the most effective steps to take. Unlike going it alone, a town planner has in-depth knowledge of planning regulations and experience working with councils, which can be critical in crafting a resubmission or appeal that addresses the council’s concerns effectively. Their guidance can help you avoid common pitfalls, save time, and increase your chances of a successful outcome.

Frequently Asked Questions

Can I immediately resubmit a planning application after refusal?

It’s possible to send in a new planning application whenever you want. However, it’s usually not a good idea to reapply without fixing the issues from your first application. If you do that, the LPA might reject your new application as well.

How does an appeal process work in the UK?

A planning appeal is a way to ask the Planning Inspectorate to look over a decision made by the local planning authority. A planning inspector is assigned to check the case and will make a final decision. If the case is complicated, it might also include a public inquiry.