Refusals and Appeals articles – page 3

240 articles
Refusals and Appeals7 min read

Answering a noise refusal with BS 4142 evidence

Most noise refusals are refusals about evidence. The cure is defensible background monitoring, honest BS 4142 character corrections and a drawn, conditionable attenuation scheme.

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Refusals and Appeals8 min read

Service defects and enforcement ground (e)

Ground (e) forces the council to prove it served the right people at the right time. Here is how to check service, how the prejudice test works, and why nullity is a different question.

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Refusals and Appeals7 min read

Enforcement ground (d): immunity and proving the dates

Ground (d) accepts the breach and argues the council is out of time. It is won with a dated chronology and lost on gaps in continuity.

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Refusals and Appeals7 min read

Enforcement grounds (b) and (c) and the difference

Ground (b) of an enforcement appeal is a denial of the facts. Ground (c) concedes them and argues there is no breach. The evidence each needs is entirely different.

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Refusals and Appeals7 min read

Appeal fees, charges and what the Inspectorate charges for

Lodging a planning appeal is free. The cost sits in the preparation, the evidence and the procedure, and an inquiry budget bears no relation to a householder appeal.

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Refusals and Appeals6 min read

Case management conferences and the inquiry timetable

The case management conference fixes the main issues, the procedure for each and the timetable. Arrive with your own list of issues or argue the other side's framing for the rest of the appeal.

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Refusals and Appeals7 min read

Refusal on viability: what to submit on appeal

Viability refusals are usually about demonstration, not viability. The appeal turns on five inputs, the benchmark land value above all, and on evidence the council's assessor cannot discount.

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Refusals and Appeals8 min read

Refusal on housing land supply and the tilted balance

A supply shortfall engages the presumption and changes the weight given to out of date policies. It is not a permission, and inspectors still carry out the balance.

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Refusals and Appeals7 min read

The householder appeal procedure and its 12 week deadline

Householder appeals run on a 12 week deadline and admit no new evidence, so the statement submitted with the original application becomes your appeal case.

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Refusals and Appeals6 min read

Citing appeal decisions: weight, relevance and referencing

An appeal decision is indicative of how inspectors have approached an issue, not binding precedent. Citing one as though it binds is the quickest way to lose its value.

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Refusals and Appeals6 min read

Appeals where new policy is adopted after the decision

An inspector decides the appeal on the policy in force at the date of the decision, not the date of refusal. That single rule drives most of the tactics.

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Refusals and Appeals6 min read

Answering a parking shortfall refusal with survey data

A refusal on parking provision is rarely answered by arguing about the adopted standard. It is answered with kerbside data collected on the right nights.

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Refusals and Appeals7 min read

Answering an overlooking and privacy refusal reason

Loss of privacy refusals come in three forms. Each needs a different answer, and the drawing matters more than the argument.

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Refusals and Appeals7 min read

Section 195 appeals on a refused certificate of lawfulness

An appeal against a refused lawful development certificate asks only whether the facts are proved on the balance of probabilities. Here is how to build that case.

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Refusals and Appeals7 min read

Enforcement appeal ground (g) and the compliance period

Ground (g) argues the compliance period falls short of what should reasonably be allowed. Inspectors extend periods on evidence, not on assertion.

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Refusals and Appeals7 min read

Enforcement appeal ground (f): the notice asks too much

Ground (f) accepts the breach and attacks the remedy. Whether it works depends on whether the notice sets out to remedy the breach or to remedy injury to amenity.

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Refusals and Appeals7 min read

Article 4 directions: objecting and claiming compensation

Councils give twelve months notice of an Article 4 direction for one reason: it removes the compensation entitlement. Here is how objection and section 108 claims actually work.

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Refusals and Appeals7 min read

Biodiversity net gain disputes at appeal: what can be argued

The biodiversity gain condition is discharged after permission, so net gain rarely appears alone on a refusal notice. Here is how the disputes actually reach appeal and what evidence settles them.

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Refusals and Appeals7 min read

Appealing an advertisement discontinuance notice

A discontinuance notice withdraws deemed consent for a sign that is already up. Here are the grounds that engage the statutory test, the deadlines that matter, and the replacement that usually settles it.

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Refusals and Appeals7 min read

Appeals where the council changes its case

When reasons for refusal are drafted after a vote and later withdrawn, the appeal shifts from rebuttal to positive case. How to handle thin evidence, objector arguments and a costs application.

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Refusals and Appeals7 min read

How to read a planning appeal decision letter

The result is in the first paragraph; the value is in the pages after it. How to separate findings of fact from planning judgement, read the conditions, and build a revised scheme from the reasoning.

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Refusals and Appeals7 min read

Appealing a refusal of prior approval for demolition

A Part 11 prior approval controls the method of demolition and the restoration of the site, and nothing else. Here is how to test a refusal against that limited remit and build the appeal.

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Refusals and Appeals7 min read

Costs awards against objectors and interested parties

Objecting strongly is not unreasonable behaviour. Missing directions and serving late evidence is. Where the real exposure sits, and how to object without creating it.

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Refusals and Appeals8 min read

When an inspector decides on an issue nobody raised

An unexpected reason is not unfairness. A decision turning on a point first seen in the decision letter usually is. How to respond in time and preserve the ground.

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