What to do if your planning permission is refused?

If you do not agree with the decision of your householder planning application, you can submit a planning appeal. Householder applications are for home developments like extensions and renovations.

 

Do I have any other options other than filing a planning appeal?

Absolutely. A planning appeal should be seen as a last resort. It may be that tweaking the design is all that’s needed to get your application approved. Once you have received your decision letter it will always be worth speaking to your case officer to fully understand their reasons for refusal. If you do not agree with their reasons and are not prepared to alter your proposals to the extent they are asking, a planning appeal would be the only option for you.

 

How much does it cost to appeal a planning decision?

Although there are no fees payable to your local council to appeal a householder planning decision, there may be costs associated with having your architect and/or planning consultant prepare the appeal on your behalf.

You appeal to the Planning Inspectorate, which is there as an impartial body to review your application afresh and assess the council’s reasons for refusal and your relevant objections to them. It is expected that both you and the council will cover your own expenses involved in the appeal but anyone involved can ask that one party pays some or all of another party’s costs. In their short guide here, the Planning Inspectorate state that costs would only be awarded if one side does not behave reasonably: ‘If a party does not behave reasonably they leave themselves open to costs being awarded against them. This would be on the basis that the behaviour had directly caused another party to incur expenses that would not otherwise have been necessary.’

 

 

What’s the procedure for submitting a planning appeal?

You send your appeal to the Planning Inspectorate. However you will also need to send a copy to the local planning authority to whom you submitted the original application.

The quickest way is to apply to the Planning Inspectorate online via: https://acp.planninginspectorate.gov.uk/account/register.aspx

 

Written representation, hearing or inquiry?

Within the application form you are given an opportunity to select your preferred procedure for the appeal. However, the most common, quickest and straightforward is a written representation, particularly for householder appeals.

 

 

What information is needed for a planning appeal?

 

  • the application form
  • your original application
  • the site ownership certificate
  • the local planning authority’s decision notice
  • You’ll also need to submit any other documents that directly support your appeal, for example your grounds for appeal.

 

Planning appeal time limits

The deadline for appealing a planning decision is 12 weeks from the date of the decision notice. You should have received this as a letter from your local planning authority.

There’s a different deadline if it’s an enforcement notice. This is where the work has been carried out already without planning consent. In this case you must appeal within 28 days.

 

Planning appeal timescales

Once the appeal has been validated, for a householder planning application, you’ll usually get a decision within ten weeks.

 

Planning application appeal success rate

According to the planning inspectorate, around one in three planning appeals are successful.

 

Get a good architect on your side

It’s really worthwhile using a good architect to help you through this planning phase of your project. If things haven’t gone to plan so far, it’s worth having a chat with a couple of architects who might be able to drive the design in the right direction OR provide supplementary documents that will clarify your existing design (e.g. imagery and diagrams that might help support your appeal).

Here at Design for Me we can match you with the best home architects for your project and arrange initial consultations for free. Use the form below to get started and we’ll be happy to help!

 

Emily  Design for Me

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The details provided in this article were correct as of August 2018, in line with gov.uk guidance.



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