Facing challenges after a planning application is refused? We’ve successfully appealed and secured approvals for diverse projects, from forestry use to pub expansions.
The Regulations removed the possibility of a ‘free go’ repeat application for withdrawn or refused applications. As a result of the changes, many applicants will be keen to understand what their options are if their planning application is refused.
We would always recommend that you contact us for planning advice before submitting an application for planning permission.
However, there are occasions where we are brought in by applicants or their agents mid-way through the determination of applications to help get applications over the line.
There are also instances where we are approached post-determination by applicants where their application has been refused.
In fact, this has happened on three separate occasions recently – for three different applicants, on three different sites, and for three different forms of development:
- The use of land for forestry purposes, including the erection of an outbuilding to be used to store paraphernalia required in connection with the forestry use;
- The erection of a pergola and outdoor seating and dining area at an established public house; and
- The conversion of an integral garage to provide habitable accommodation at a semi-detached dwellinghouse.
All of those refusals were for different reasons, and all of the sites were relatively complex, including sites located within the Green Belt; and one within the curtilage of a locally listed building.
On all three occasions, we:
- carried out a detailed appraisal of the council’s reasons for refusal,
- reviewed the documents submitted in support of the planning applications, and
- provided advice and recommendations to the client.
For all three of the applications, following our appraisal, we confirmed that in our professional opinion there was a case to seek to appeal the refusal to an independent Planning Inspector appointed by the Planning Inspectorate, an executive agency of the Department for Levelling Up, Housing and Communities.
Following instruction by all three clients, we prepared and submitted separate appeals against each of the refused applications, supported by robust statements to seek to justify the case to demonstrate that planning permission ought to be granted and the refusals overturned.
Following a thorough review of the appeal submissions, we were pleased to receive confirmation from the Planning Inspectorate that all three appeals were allowed, and planning permission was granted for each of the development proposals described above – costs were even awarded in the case of the one of the appeals, which meant that the applicant was able to reclaim all monies associated with preparing the appeal from the council.
A refused planning application does not always spell the end of a development proposal – an appeal against the decision, or perhaps even a revised application to take account of the reasons for refusal of the original application, could be worthy of consideration.
Has your planning application been refused recently? Do you need help to understand what your options might be?
Please contact us to discuss how we can help you with your planning requirements. You can also follow us on LinkedIn to keep up to date with the work that we do.