Refusals and Appeals – Page 3
Why applications are refused, how to fix a resubmission and how the appeal routes work.
Refusals and Appeals articles – page 3
240 articlesAnswering 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.
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.
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.
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.
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.
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.
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.
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A supply shortfall engages the presumption and changes the weight given to out of date policies.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.
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.
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An appeal decision is indicative of how inspectors have approached an issue, not binding precedent.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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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