Refusals and Appeals – Page 4
Why applications are refused, how to fix a resubmission and how the appeal routes work.
Refusals and Appeals articles – page 4
240 articlesRetrospective appeals when the work is already built
The council assesses a retrospective application as if nothing had been built. What changes is your room for manoeuvre once an enforcement notice has been issued.
Recovered appeals: when the Secretary of State decides
A recovered appeal is heard by an inspector but decided by the Secretary of State. What changes, what does not, and where the challenge risk sits.
Habitats issues at appeal: nutrient and recreational impacts
An inspector cannot grant permission unless certain there is no adverse effect on site integrity. That shifts the evidence burden onto the appellant long before the hearing.
Hedgerow removal notices and appealing a retention notice
A hedgerow retention notice can be appealed to the Secretary of State within 28 days. Winning turns on the Schedule 1 criteria rather than on farming need.
Amending a scheme during an appeal and the fairness test
Amended drawings at appeal are accepted only where nobody who should have been consulted loses the chance to comment. That is a narrower gate than most applicants expect.
The fallback argument and how inspectors test it
Inspectors give a fallback weight only where the alternative development has a real prospect of being implemented. This is how to build and evidence that case.
Repeat applications and the power to decline to determine
A single refusal with no appeal does not engage section 70A. Two refusals, or a dismissed appeal with nothing changed, can. How to build a third attempt that gets determined.
Appeals where there is no five year housing land supply
A shortfall engages the presumption in favour of sustainable development, but it does not switch off the plan. The deliverability challenges that work, and the limits appellants overstate.
Appeals against a tree replacement notice
A replacement duty under section 206 runs with the land, so a purchaser can be served. The four prescribed grounds of appeal, and why position and species disputes succeed most often.
Prior approval refusals and the limited scope of appeal
Design, amenity space and housing mix are not prescribed matters under Class MA, so a refusal citing them is vulnerable. How to decide between appealing and resubmitting within another 56 days.
Planning permission refused: what to do next
A refusal notice has to give full reasons. Sorting those reasons into scheme problems and evidence problems tells you whether to amend, resubmit free of fee or appeal, and how long you have to act.
Appealing a householder refusal on the fast track
The householder appeals service runs on a 12 week deadline and an expedited written procedure. No later statements, no new drawings, and neighbours cannot write again to the inspector.
Budgeting a planning appeal as a small developer
An appeal budget has four lines: your time, professional fees, the cost of delay and the risk of a costs award. Here is how each procedure differs and when a resubmission wins.
Third party representations at appeal and their weight
Inspectors weigh third party representations on planning content rather than volume. Here is what counts as material, when the deadline falls and how a letter can actually affect a decision.
Proof of evidence summaries an inspector reads first
The summary is the part of your proof the inspector reads first and the part you read aloud at the inquiry. Here is how to write one that works as the case rather than as an abstract.
Changing a condition an inspector imposed on appeal
Conditions imposed on an allowed appeal are varied by a section 73 application to the local planning authority, not by the Inspectorate. Here is the route, the cost and how to avoid needing it.
Redetermination after a quashed appeal decision
Winning in court removes a decision; it does not grant permission. The redetermination runs on today's policy, which is the risk worth planning for.
Refusals based on a neighbourhood plan policy
A made neighbourhood plan is part of the development plan, so the appeal has to engage the policy. The wins come from interpretation, conflict resolution and plan age.
Refusals driven by a statutory consultee objection
Where a statutory consultee objects, the council is rarely the party to persuade. This sets out how to cure a holding objection, negotiate a substantive one, and run the appeal if neither works.
Appealing a section 73 refusal and the original condition
Section 73 refusals take nothing away: the original permission survives. This sets out the scope of section 73 after Finney, the appeal route, and the levy and obligation traps.
Reading a decision letter for reusable reasoning
The reusable part of an appeal decision is the reasoning, not the outcome. How to read the main issues, separate fact from judgement, and cite a decision properly.
Overlooking refusals and the evidence that shifts them
Householder appeals run on the material already before the council. The drawings, view cones and photographs that answer a privacy refusal, and when to revise instead.
Green Belt refusals and building the special circumstances case
Very special circumstances means the harms, added together, are clearly outweighed. How to identify the harms an inspector will find and weigh your case against them.
Heritage refusals and the statutory duty on appeal
Heritage appeals turn on considerable importance and weight. How to characterise harm precisely, evidence public benefits, and set out a balance an inspector can follow.
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