Refusals and Appeals – Page 6
Why applications are refused, how to fix a resubmission and how the appeal routes work.
Refusals and Appeals articles – page 6
240 articlesAppealing a refusal based on heritage harm
Heritage appeals turn on the balancing exercise, not on denying harm. This sets out how to assess significance, categorise harm honestly and evidence public benefits an inspector can test.
Overturning a highway objection at appeal
National policy asks whether the impact is unacceptable or severe. Recorded speeds, a topographic survey and collision data are what answer that question.
Reading reasons for refusal and what each one demands
A notice with four reasons usually has one that decides everything. Sort them by whether they attack the principle or the detail before spending anything.
Judicial review or appeal: which route for which defect
A merits disagreement belongs at appeal. An unlawful decision belongs in the Planning Court, within six weeks. Here is how to tell which you have.
Inquiry appeals: proofs, statements and the timetable
An inquiry is the only appeal procedure where evidence is tested by cross-examination, and that single feature drives the documents, the deadlines and the cost.
Appeal site visits and what to prepare
The inspector comes to look, not to listen. Your case was made in writing weeks before, and the visit exists so they can see what the writing described.
Resubmitting rather than appealing: how to choose
Appeal when the disagreement is about planning judgement. Resubmit when the disagreement is about the scheme. The rest is timing, fees and the appeal clock.
Appealing a Community Infrastructure Levy surcharge
CIL surcharges are appealed to the Planning Inspectorate within 28 days of the day they are imposed. The grounds are narrow, and most appeals turn on proof of what was served and when.
Rebutting a design based reason for refusal
Design refusals rest on judgement, so the answer is evidence. Here is how to build a measured character assessment and decide between appealing and redesigning.
Missing the appeal deadline and what is left
Six months for most refusals, twelve weeks for householder ones, and almost no discretion. Here is what is still available after the date has gone.
Second applications and second appeals on one site
A refusal is not the end, but a second attempt that looks like the first invites a refusal to determine, a dismissed appeal and a costs award. What has to change, and why.
Citing appeal decisions without overstating them
An appeal decision is evidence of how an inspector approached an issue, not a rule. Using two well-analysed decisions beats listing ten, and overstating one invites a costs application.
Section 215 untidy land notices and the challenge route
Section 215 notices require land to be tidied where its condition harms amenity. The appeal goes to the magistrates court, not the Planning Inspectorate, and the window is short.
High hedges complaints and the appeal that follows
The high hedge regime is narrower than most people expect, and a notice cannot require a hedge below two metres. Here are the steps before complaining and how the appeal works.
Listed building enforcement notice appeals
A listed building enforcement notice can require restoration, alleviation of the damage, or compliance with a condition. Here are the grounds of appeal and the evidence that decides them.
Appealing a refusal to modify a section 106 obligation
Where a council refuses to modify a planning obligation, section 106B provides an appeal. The five year rule, the two statutory tests and the evidence that decides them.
Why a breach of condition notice cannot be appealed
A breach of condition notice under section 187A of the Town and Country Planning Act 1990 has no appeal route to the Planning Inspectorate. Here is what to do with the 28 day compliance period instead.
Refused for insufficient information: resubmit or appeal
Supplying a missing document to the council is faster and costs less than supplying it to an inspector. The exceptions turn on survey seasons, contested requirements and the cost of a second refusal.
How a reason for refusal frames a planning appeal
Article 35 requires clear and precise reasons naming the relevant policies. What that produces varies widely, and the wording decides how much evidence an appeal needs.
The appeal bundle and the core documents list
The core documents list is the agreed shelf of material an inspector will actually read. What goes in, how to number it, and how to add a document without renumbering the bundle.
Round table sessions at a planning inquiry
At a round table the inspector asks the questions and advocates step back. It is less adversarial, not less consequential, and it rewards a table of positions rather than a proof to be defended.
Nullity and invalidity of an enforcement notice
A nullity has no legal effect at all. An invalid notice takes effect unless appealed and its errors may be corrected. Knowing which you have decides how the appeal is run.
Enforcement appeal grounds (f) and (g) in practice
Grounds (f) and (g) accept the breach and attack what the council demands. They can turn demolition into modification and two months into a year, and section 173(11) may leave you with a permission.
Enforcement appeal ground (d) and immunity periods
Ground (d) says the breach was already immune when the notice was issued. The time limits have changed, the transitional line depends on when the breach arose, and the burden of proving continuity is yours.
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