What if your planning application is refused?
If you seek consent or permission to carry out particular works to your property (such as building an extension) and your application isn't decided within a set period, or the local authority refuses your application or grants it on conditions you disagree with, you usually have a right of appeal.
Planning Refusals, Appeals and Conditions
If your planning application is refused and you think that the proposal could be altered to make it more acceptable it can be submitted again with different plans. In certain circumstances another application fee may not be needed. However, the proposal must be of a similar nature. If you intend to submit another application, you should discuss this with the case officer. The alternative is to appeal against the refusal by contacting the Planning Inspectorate and obtaining the necessary forms. Further information on lodging an appeal can be found on the Planning Inspectorate's website
Planning Permission Conditions
Some planning permissions will be granted subject to a condition or conditions that you have to agree certain matters (e.g. building materials) with the Council before the scheme is started. This agreement must be made in writing and you should contact the Council as soon as possible and certainly before any work starts.
If you do not agree with Conditions attached to a Planning Permission, you could make another application to try and obtain planning permission without such conditions; however the Council will have put the conditions on for a good reason and the alternative to an unconditioned permission is likely to be a refusal of permission.
Unless circumstances have changed since the planning permission was granted it is likely that the conditions will have to remain. You should discuss this with the case officer. The alternative is to appeal against the conditions by contacting the Planning Inspectorate.
The Inspector will consider the proposal from scratch, looking at the same matters as the Council. It is the Inspector's job to ensure that all relevant matters have been properly taken into account.
When can I appeal?
You can appeal to the Secretary of State if the Council has:
- Refused your application for planning permission.
- Given permission but with conditions which you feel are unreasonable.
- Refused to approve the details of a scheme which has already been given outline permission.
- Approved the details of such a scheme but with conditions which you feel are unreasonable.
- Refused your proposal to meet a condition.
- Taken longer than 8 weeks to decide your application and has not informed you that your application is being rejected because it is repetitive.
The Planning Inspectorate
All planning appeals are administered by the Planning Inspectorate. The appeal will be made to the First Secretary of State in England or, for applications relating to land or property in Wales, to the National Assembly for Wales.
Only the applicant for consent or permission can make an appeal. There is no right of appeal for interested people or organisations (known as ‘third parties’) in England and Wales.
You can also appeal if the local planning authority has served you with an Enforcement Notice.
There are strict time limits on the right to appeal.
Inspectors decide most appeals, but in cases where they make a report to the Secretary of State or the National Assembly for Wales the appeal is decided by the Secretary of State or the National Assembly. This is termed a 'called in' inquiry and usually only occurs with very large developments.
Once your appeal has been submitted, it will be checked to make sure that everything is in order. The case officer dealing with your appeal will let you know what else you need to do during the course of your appeal, and when you need to do it.
Submitting an appeal
There are three ways of submitting an appeal:
- Written Representation (cheapest, simplest and most common procedure)
- Informal Hearing (discussion forum) or
- Public Inquiry (full cross examination)
The first option is the most common, especially for householder and other minor applications. Appeals for more detailed major applications tend to be decided by an informal hearing or a full public inquiry.
A written representation statement typically includes and appraisal of the scheme and issues, together with maps, plans and photographs but not oral evidence. Whichever procedure is used, the Inspector will visit the site to judge the effect of your proposal on the area.
If you, the Council or the Planning Inspectorate do not agree to the written procedure, a hearing or an inquiry will be arranged.
All appeals must be submitted within 3 months of the decision date.
The Planning Casework Service
The Planning Casework Service provides for the online submission and retrieval of appeal information for certain types of case.
The Planning Casework Service, the Planning Inspectorate’s new online service for making and tracking appeals, can now be used to make Enforcement Appeals (including Listed Building/Conservation Area Enforcement Notice appeals) and Lawful Development Certificate Appeals.