What can I do if my application is refused?

A refusal doesn't necessarily mean the end of your project

What-can-I-do-if-my-application-is-refused

Study the reasons for refusal that are set out on the decision notice. If you need clarification as to what they mean contact the Local Planning Authority.

Amend your proposal to address the reasons for refusal, contact the Local Planning Authority to see if your amendments will satisfy their concerns and if they do, it would then be preferable to submit an amended application.

If you are unable to amend your proposal to overcome the reasons for refusal you have the right to appeal to the Secretary of State through the Planning Inspectorate. Details of how to appeal will have been provided to you by the Local Planning Authority with the decision notice. Alternatively you can access the information you need from the Planning Inspectorate website

Only the applicant may appeal and you have to do this within 6 months of receiving your decision notice. The appeal process itself is free. Unlike the application process, there is no fee for submitting an appeal. However, you and the local planning authority normally have to pay your own expenses for your appeal, whether it is decided by the written procedure, a hearing or an inquiry.

If the appeal is to be decided by a hearing or an inquiry, you can ask the Inspector to order the local planning authority to pay all or some of your costs. The local planning authority can also ask for you to pay some or all of theirs.
The Inspector will only do this if the person applying can show that the other side behaved unreasonably, and put them to unnecessary or wasted expense.

Words: Phil Kirby, President of the Planning Officer's Society 


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