Latest in Refusals and Appeals

240 articles
Refusals and Appeals8 min read

Refusal on fire safety information at Gateway One

A Gateway One refusal is usually about what is missing from the drawings rather than anything wrong with the building, which makes it a drafting failure with a determination period attached.

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Refusals and Appeals8 min read

Lapsed permissions, withdrawn appeals and the route back

There is no extension application and no revival procedure for an expired permission. What you have is a fresh application on a site with a helpful planning history.

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Refusals and Appeals8 min read

Refusal where the development plan is out of date

The out-of-date plan argument is the most powerful move on appeal and the most frequently mishandled, because appellants assert the trigger rather than proving it.

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Refusals and Appeals8 min read

Contamination refusals without intrusive investigation

A desk study that identifies a credible pollutant linkage and then stops can get an application refused outright. The gap is between what the report raised and what the application proved.

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Refusals and Appeals6 min read

HMO refused for over-concentration: testing the count

Concentration refusals turn on data the council never compiled for the purpose. How to test the count address by address and answer the supporting reasons.

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Refusals and Appeals6 min read

Front garden parking refused: hardstanding and the kerb

Two consents, two decision makers. What the permitted development condition on surfacing actually says, and why the highway authority refuses most crossings on depth.

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Refusals and Appeals7 min read

Refused on infiltration drainage? Test the ground first

Assuming a soakaway will work is not evidence. What lead local flood authorities look for in infiltration testing, and the order to work through when the ground fails.

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Refusals and Appeals8 min read

Refusal for harm to a scheduled monument setting

There is no statutory duty for scheduled monument settings, so the protection is policy. Here is how to assess what setting contributes and build the balance case.

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Refusals and Appeals8 min read

Refusal on estate road and adoption standards

Estate road refusals come from the highway authority's adopted design guide. Separating safety points from adoption points is what decides whether the scheme or the appeal succeeds.

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Refusals and Appeals7 min read

Refusal for loss of a retail frontage in a parade

Loss of retail frontage refusals turn on the adopted plan's frontage boundary and its marketing period, not on town centre impact. Here is the evidence that shifts the recommendation.

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Refusals and Appeals8 min read

Refusal for tree loss and root protection evidence

Officers refuse for tree loss when the evidence does not show retained trees will survive, or when the layout guarantees a later felling application.

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Refusals and Appeals7 min read

Refusal for failing the retail sequential test

A sequential test refusal means your site search did not prove no preferable site was available. How to rebuild the evidence and where the 2,500 m² threshold bites.

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Refusals and Appeals7 min read

Appealing a refusal to approve details under a condition

Refusal of a discharge of conditions application carries a right of appeal under section 78. When to appeal, when to use deemed discharge and when section 73 is better.

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Refusals and Appeals7 min read

When an application is invalid rather than refused

Invalidation is an administrative act, not a decision, so no appeal lies against it. The national list, the two year rule on local lists, and what to do next.

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Refusals and Appeals8 min read

Refusal for the loss of a community facility

Policies protecting community facilities are built around marketing and viability evidence. Most appeals are decided on defects in the marketing rather than on the viability figures.

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Refusals and Appeals7 min read

The householder appeal service and what it does not allow

Householder appeals are fast because they are narrow: twelve weeks to lodge, decided on the papers already before the council, and nothing can be added afterwards.

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Refusals and Appeals6 min read

Appealing non-determination after the eight weeks expire

The right to appeal non-determination opens when the statutory period expires. Using it takes the application out of the council's hands, including the officer who was about to approve it.

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Refusals and Appeals7 min read

Refusal for overdevelopment and internal space standards

A refusal citing overdevelopment is rarely about density alone. It is about unit sizes, single aspect layouts, outlook and amenity space, and only one of those is governed by a published national figure.

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Refusals and Appeals8 min read

Refusal for inadequate daylight to the proposed flats

Poor daylight inside your own units is a design fault measured against housing quality standards. Room depth, window head height and balcony geometry are the levers that actually move the result.

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Refusals and Appeals8 min read

Appeal evidence when the objection is highway capacity

Capacity refusals turn on whether residual cumulative impacts would be severe. Most appeals are decided on assessment years and the committed development list rather than on mitigation design.

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Refusals and Appeals7 min read

Refusal citing the absence of a retail sequential test

A refusal for failing to carry out the retail sequential test is curable; a failed test is not. Here is when the test applies and what a defensible one contains.

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Refusals and Appeals7 min read

Appealing a refused change of use to a nursery

A day nursery sits in Class E(f), so refusals cite amenity and highway safety rather than principle. Here is the evidence that answers each reason on appeal.

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Refusals and Appeals7 min read

Refusal on noise from an existing business nearby

Where a scheme adjoins an established business, national policy puts the mitigation burden on the applicant. Here is how to measure the operation properly and what design responses persuade an inspector.

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Refusals and Appeals8 min read

Ownership certificate errors and invalid applications

An incorrect ownership certificate can stop an application at validation or delay a decision. Here is what each certificate declares, who counts as an owner, and how to correct an error.

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