Understanding Refused Planning Applications
The planning process can be lengthy and complicated, often not yielding the desired results. If your application is refused, it’s essential to understand why and what steps to take next. This post outlines how to deal with a refused planning application.
Options After a Refusal
When you learn that your application has issues, communication is key. Your architect should regularly seek updates, address any issues raised by planners promptly, and inquire about any additional requirements needed to gain support. Often, applications are refused simply because architects did not update the submitted plans as requested by the planning officer.
If your application is rejected, you have several options:
- Accept the Decision: Sometimes it may be best to accept the refusal.
- Amend Your Application: Make changes to your application to address the reasons for refusal.
- Withdraw and Resubmit: You can withdraw your application and submit a new one.
- Appeal the Decision: If you believe the refusal was unjust, you can appeal the decision.
What Happens When You Get a Refusal?
When your planning permission is refused, you will receive a written notification detailing the reasons for the decision. If you disagree with these reasons, you can request that the Planning Inspectorate review your case.
If the reasons for refusal are clear, you can submit a modified application free of charge, addressing the issues outlined. Conversely, you may also appeal to the First Secretary of State if the local authority does not reach a decision within eight weeks or if you receive no communication about a delay.
Appeal Process
In England, appeals against planning decisions should be directed to the Planning Inspectorate. They will review your case file and make a final decision, which may take up to 23 weeks.
You can appeal in the following situations:
- Your planning permission was refused.
- Your planning permission was granted, but you object to the attached conditions.
- Your planning permission was refused after having been approved previously.
- You did not receive a decision on your application within eight weeks and were not informed of any delays.
- You received an enforcement notice from the local authority that you wish to contest.
Planning Breach
A planning breach occurs when you carry out development without the necessary planning permission. If you proceed without approval, the local authority may serve you an enforcement notice. However, if a breach occurs due to a refused application, the authority can issue an enforcement notice.
Before concluding a planning breach, the local authority will assess whether the development negatively impacts public amenities. If you receive an enforcement notice, you must comply unless you have submitted an appeal.
Conclusion
If your application is refused, it’s important to understand your options. Contact us for assistance in investigating the reasons for the refusal. A refusal may highlight specific issues that can be addressed in a new application. If you need planning advice, do not hesitate to reach out to our experienced team.
For more information on appealing a planning decision, visit the GOV.UK website.
