Refusals and Appeals – Page 2
Why applications are refused, how to fix a resubmission and how the appeal routes work.
Refusals and Appeals articles – page 2
240 articlesRefusal for harm to a protected view
A refusal citing harm to a protected view is argued on method: where the camera stood, which vista geometry applies, and what the view will look like with consented schemes built.
Appealing a refused telecommunications prior approval
A refusal of prior approval for a mast can only rest on siting and appearance. Here is what the appeal has to prove, how the 56-day determination period works, and which refusal reasons fall outside the permitted scope.
Appealing a travel plan condition before occupation
Most travel plan conditions are wrong in scope rather than in timing. Here is how the six conditions tests apply, why a condition cannot require a monitoring fee, and whether to use section 73 or a section 78 appeal.
Refusal for a missing bat survey and the season problem
Where a building has roost potential and no survey, the authority cannot engage with the licensing derogation tests and usually refuses. Here is why a condition rarely helps, and how the survey season shapes your options afterwards.
Refusal on nutrient neutrality grounds: what to do next
A nutrient neutrality refusal follows from the Conservation of Habitats and Species Regulations 2017 rather than from planning policy. Here is how the budget is calculated, how mitigation is secured and whether an appeal is worth filing.
Appealing when the development plan is out of date
Establishing that the policies most important for determining an application are out of date is the appellant's job. The evidence chain, the balance that follows, and the council responses that beat it.
Refusal for failing internal space standards
A space standards refusal turns on whether the authority adopted the standard through a plan policy. Permitted development schemes are different, because compliance is a national condition of the class.
Refusal citing cumulative impact of HMOs
Concentration policies are applied mechanically from data that is often out of date or inconsistently defined. Attacking the arithmetic beats arguing the policy is unfair.
Appealing a refused demolition prior notification
Under Class A of Part 11 of the GPDO the authority may only consider the method of demolition and site restoration. A refusal on any other ground is the appeal.
Reviewing and appealing a CIL liability notice
Community Infrastructure Levy liability has its own review and appeal routes with fixed statutory deadlines and two different decision makers. Starting work closes most of them.
Part allowed appeals and split decisions explained
Most descriptions of development are drafted as one indivisible proposal, which limits the inspector to all or nothing. How to keep elements severable, and how costs work.
Refused for being outside the settlement boundary
Two different arguments answer a boundary refusal: no conflict, or conflict outweighed. The evidence each needs, and why isolated does not mean outside the boundary.
Appealing when a statutory consultee was never consulted
A section 78 appeal is a fresh determination, so the Inspectorate simply consults the body itself. The useful argument is narrower: a technical refusal reason nobody qualified ever tested.
Appeal decisions as material considerations: weight and limits
Inspectors' decisions carry weight as evidence of approach rather than as rule. A practical method for finding comparable decisions, reading the operative findings and citing them without handing the authority its refusal reason.
Resubmitting instead of appealing after a refusal
A revised application fixes detail objections faster than an appeal, but the twelve week householder appeal window keeps running. How to choose, and how to protect both routes.
Appealing a condition: section 78 or section 73
Section 78 appeals against a condition put the entire permission in front of an inspector. Section 73 confines the argument to the condition. The limits of each, and the order that reduces risk.
Answering a refusal for overdevelopment of the site
No policy says a site is overdeveloped at a given number of units. Break the reason for refusal into its actual strands and most of them can be answered with a measured character survey and a space standard schedule.
Refused on affordable housing policy compliance
An affordable housing refusal usually means one of three things: too few units, the wrong tenures and sizes, or nothing secured. Each needs a different answer on appeal.
Answering a lead local flood authority drainage objection
Drainage objections are technical, so the answer is calculations and evidence rather than policy argument. Often the right move is to offer a tightly drafted condition.
Answering a daylight and sunlight refusal with BRE 209
Daylight refusals are answered with the right measure, a defensible baseline and a contextual argument. BRE targets are advisory and the guidance says so.
Answering a heritage harm refusal with public benefits
Heritage refusals turn on the balance between harm and public benefits. The statutory duties tilt that balance, so benefits have to be specific, quantified and secured.
Answering a Green Belt openness refusal with volume evidence
Green Belt openness refusals are won or lost on measured evidence. Define the original building, show the volume and floorspace comparison, and deal with both limbs of the reason for refusal.
Flood refusals and a failed sequential test
The sequential test asks whether the development could go somewhere at lower risk. A flood risk assessment showing the house will be safe does not answer it.
Answering an odour refusal: the extraction case
Odour refusals are won on a drawn extraction system. Risk rating, abatement stages, discharge height and a maintenance regime do the work, not policy argument.
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