What To Do If Planning Application is Refused

The planning process is a long and complicated one,  which may not always produce the desired results. If that happens and your application is refused then the best thing to do is to understand why it happed, in this post we look at understanding the process and steps needed to deal with a refused planning application.

You have few options when you find out your application is having issued, the most important thing is communication, it is key in any planning application, your architect needs to seek updates regularly, address any issues planners have in a timely manner and ask if there anything else required to gain their support. Often we deal with Refused planning application previously rejected simply because the architects for one reason or another did not update the submitted plans as requested by the planning officer.

if the worst happens and you find out your application will be rejected or has been already, you might need to either accept the decision, make changes to your application to avoid that outcome, withdraw and resubmit, or appeal the decision. Here how to go about it:

What Happens When You Get A Refusal For A Planning Permission?

When an authority refuses your planning permissions, you will be informed in writing together with the reasons as to the decision the planners made. If you think the reasons given to you are incorrect and you disagree with this conclusion, you can request that the Planning Inspectorate takes a look at the case.

It is important to note that if the reasons for the refusal are clear, you are allowed to submit another modified application for free, in which you address the issues in question, you have in writing clear reasons for a refusal so another application that deals with these issues should be accepted with no objections.

On the other hand, you can consider appealing the decision to the First Secretary of State. This can also be considered if the local authority does not approve or disapprove your planning permission within eight weeks unless the authority has written to inform you about a delay. If you decide to appeal the authority\’s decision, your planning application will be taken from the authority. Most importantly, you should know that appeals take a lot of time to decide, they are time sensitive and should be started straight away without delays from your part.

If you’re a householder, then you have up to 12 weeks to submit an appeal from the date of the decision. If your planning permission includes listed building consent, then you have up to six months to lodge an appeal. For applications involving trees, the period is much shorter, just 28 days from receipt of notification. Act quickly and know your options.

Appealing A Planning Decision

If you are in England and want to appeal a planning decision made by the local authority, the right department to contact is the Planning Inspectorate. This is because they are in charge of such cases. The inspectors will retrieve your case file and reassess it before making the final decision. When gathering additional information to reassess your case, they will not seek information from you but will contact your cancel to provide important details and undertake site inspections. After appealing a planning decision, the outcome may take up to 23 weeks.

Below are the situations wherein you can choose to appeal a planning decision.

• When your planning permission has been refused.
• When your planning permission has been granted, but you don\’t like the conditions attached to it.
• If your planning permission has been refused, whereas it has been approved previously.
• Your planning permission is not refused or granted within eight weeks, and you were not informed in writing.
• You got an enforcement notice from the local authority, and you are not happy with it.

If you experience any of the difficulties above, after appealing, the Planning Inspectorate can cancel whatever decision your local authority has made.

Planning Breach

A breach occurs when you carry out development or repairs without planning permission from your local authorities. When development that needs a planning permission is being carried out without approved planning permission because the application wasn\’t made or it was denied. A planning breach also occurs if one or more conditions attached to a granted planning permission are broken.

However, a planning breach is not considered illegal if you have not applied for planning permission. In this case, the local authority will allow you to apply for planning permission. On the other hand, if a planning breach occurs because planning permission was refused, the local authority can serve you an enforcement notice.

Before concluding a planning breach, the local authority will consider if the development would negatively affect public amenities. When you are served with an enforcement notice, it is illegal to disobey it unless you have applied for an appeal. In situations where you feel that your local authority did not handle your case properly or do not agree with their processes and policies, you can make complaints. However, you must know that you can only make complaints about how they handled your case and their policies but not about a decision they made. In my opinion, never go down the part of a planning breach. The legal battle is severe, and you might end up losing much more than you bargained for.

Conclusion

If your application is refused know your options, contact us and we will investigate as to why it was refused, a refusal might look like a bad thing, but it highlights the exact issues planners see. All is needed then is a new application that deals with the issues if they are something the applicant can address. If you require any planning advice, then please do not hesitate to get in touch with our experienced team.

Contact Us, we would be delight to help you about refused planning Application:

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Read More on the topic here: https://www.gov.uk/appeal-planning-decision