What should I do if my planning application is refused? - PropertyBlawg

What should I do if my planning application is refused?

by emmadigirank on January 8, 2013

If you believe  your planning application has been unfairly declined you may be able to make a planning permission appeal. Before you begin processing an appeal, take an opportunity to speak with one of your local authority planners to discuss why your planning application was refused. You may only need to modify your proposal slightly, which may not affect your original plan. Sometimes it is best to negotiate with your local officer and come to an agreement you are both happy with. However, if you are still not convinced by the refusal, you can appeal against the objection.

How are planning permission appeals dealt with?

All planning permission appeals in both England and Wales are submitted to the planning inspectorate. The planning inspectorate accesses each planning appeal against very strict deadlines which each appeal must adhere to. If your planning appeal fails to meet these deadlines, you will be asked to amend your appeal, or they may even invalidate your appeal altogether.

What rights do I need to appeal?

You can make a planning permission appeal if you believe your planning permission was unfairly declined. If your local planning authority has not come to a decision with eight weeks from when your application was accepted, this also allows you to make an appeal.

If you have received a planning objection from your local authority, it is important to act without delay, as the deadline for submitting planning appeals is 6 months from the date of the original decision. Any planning appeals after this time will not be valid, however you may re-submit a planning application, but at the full cost.

Planning appeals are free to submit, however you may be asked to pay for costs incurred during the appeal process by your local authority. Any costs you incur yourself will also be your own responsibility.

How Do I Appeal?

There are several methods available, including online and by hard copy.  All required fields will need to be filled in and sent to the planning inspectorate. Always send your local planning authority of a copy of your appeal too as a reference.

Be clear about why you are making the planning permission appeal and include all of the points which are relevant to your case. Make sure your application is short and straight to the point and include references and quotes throughout your appeal.

How are planning permission appeals accessed?

Your appeal with be assessed in three stages, in a written representation, a hearing and a local enquiry.

Your planning permission appeals have to meet certain requirements and will be accessed by the planning inspectorate with these strict guidelines:

  • Local and National Planning Policy – The inspector will access your plan against National Planning Policy. Your proposal will also need to meet the requirements of Local Policy too.
  • The Development Plan – The inspector will access the local authority’s plan against your own plan.
  • Your Statement of Case – This should state why you believe your planning application was unfairly declined.
  • Your local authorities state of case – This demonstrates why your planning permission appeal was originally declined. The inspector will take this into consideration when making their decision.
  • Comments included by applicant – The inspector will view your statement and argument for the planning permission.
  • Comments included by anyone else – The inspector will consider any comments made by others who agree with the planning objection.

If you were like more information on planning permission appeals, contact Kingsley Smith Solicitors. Call 01634 811118 or email mail@kslaw.co.uk

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