What To Do If Your Planning Application Is Refused Or Delayed

The decision on your planning application drops into your inbox, and the local planning authority has refused it. Or, just when you thought you were close to a decision, the planning department asks to extend the time frame. The enthusiasm for your development ebbs away with the delays and frustrations. What do you do next?

Look at why your planning was refused

First, take a deep breath. Then look at the reasons given for the refusal.

It is easy to blame the department, but did you rush the application and not provide enough evidence to counter objections? Or, if the application was detailed, did you do enough to convince the planners the scheme would be good for the area?

A local planning authority needs a strong case for refusal that would survive an appeal. Planning cannot be refused on the basis of historical applications, personal reasons or opinions not supported by evidence. It can be refused if the design is overdeveloped, harms neighbours or runs counter to local planning policy.

There are usually two key reasons why applications are refused:

1. The proposal is inappropriate for the area. Sometimes it is simply the right concept in the wrong place.
2. The applicant did not engage with planning officers in a way that convinced them of the value of the scheme and that it would deliver what the area needs.

How to avoid a refusal

The first step in the planning process is to establish a dialogue with the planners. Developers often think planning departments are anti-development, but usually developers and planners are working to different timescales while both want development in the area.

A collaborative approach improves the chances of success for both parties. It is worth talking to planners before submitting, and here are the pros and cons of pre-application advice.

Issues often surface during the process, and before a decision you can:

• Make changes during the application process
• Withdraw the application and re-submit it with amendments

Before you appeal

An appeal should only be considered when all other options have been exhausted, and it can take many months. It is often quicker and cheaper to submit a new application that addresses the reasons for refusal, provided it does not affect the viability of your development.

Launching an appeal

If you made the original application, you can appeal on the grounds that:

• You do not agree with the decision and think it is unreasonable
• Non-determination: no decision was given within 8 weeks (or 13 weeks for major schemes) and you did not agree an extension

The appeal process

Read the guidance that came with the refusal notice before you start. For your appeal you will need to provide documents including:

• The original application
• Proof of ownership of the site
• The decision notice, or for non-determination the letter acknowledging receipt of your application
• The plans, drawings and documents you sent to the local planning authority
• A map of the surrounding area
• A clear, concise statement of why you believe permission should be granted, with all supporting documents

What happens next

The Planning Inspectorate checks the appeal is valid and decides how it will be considered:

• Written representations: most appeals take this route
• Informal hearing: if there is a lot of interest or more information is needed
• Public inquiry: only for the most complex proposals

The Inspectorate confirms the route, allocates a reference number, gives the start date (from which deadlines are calculated) and sets a timetable.

The local planning authority must tell the Inspector about decisions on similar developments during the appeal, and about relevant decisions on other appeals.

The Inspector decides on the information available at the time, usually considering:

• All information in the original application
• All appeal documentation
• Relevant legislation or policy that has changed since the original decision
• Anything else relevant to the appeal

Timescales

• Submitting the appeal: within 6 months of the decision, or of when the decision was due for non-determination (shorter deadlines apply to some appeal types, such as householder appeals)
• Local planning authority’s statement: within 6 weeks of the appeal being registered
• Your response: 3 weeks to comment and provide supporting evidence
• Comments from interested parties: within 5 weeks of the appeal being registered
• Further submissions: 3 weeks to respond to comments from neighbours and others
• Site visit: scheduled once responses are in; you and a council representative attend but cannot discuss the case with the Inspector
• Decision: typically some weeks after the site visit

Costs

Everyone in the appeal is expected to meet the statutory timetable. You can claim costs if another party behaves unreasonably and causes you direct expense, but costs can also be awarded against you for unreasonable behaviour.

Overcoming planning objections

Appeals can take many months, longer still with a public inquiry, and most appeals are dismissed. If you disagree with the appeal decision, the last resort is a High Court challenge, but only where you believe the Inspectorate made a legal error, and only with professional legal advice.

What to do

The decision is yours, but the best advice is to appeal only if there is no alternative and you have a strong case. Better still, understand the route through the planning process so you avoid a refusal in the first place. Our guide to the planning process gives a useful overview.