Refusals and Appeals – Page 7
Why applications are refused, how to fix a resubmission and how the appeal routes work.
Refusals and Appeals articles – page 7
240 articlesEnforcement appeal grounds (b) and (c) compared
Ground (b) of section 174 says the matters alleged never happened. Ground (c) says they happened and were lawful. Choosing correctly decides whether the notice is quashed or merely corrected.
Enforcement appeal ground (a) and the deemed application
Ground (a) is the only enforcement appeal ground that can leave you holding a planning permission. It also carries a fee, a deadline and a concession.
What objectors can do once a planning appeal starts
Your objection is not lost when an applicant appeals. Here is how you are notified, when comments are due, how to speak at a hearing or inquiry, and what an inspector can take into account.
Withdrawing an application before refusal
If a case officer is minded to refuse, you can withdraw before the decision is issued. Whether that helps depends entirely on what you intend to do next.
Reading a refusal notice and turning it into a plan
The notice is mostly administration. The officer report explains the reasons and usually says what would have been acceptable, and almost nobody reads it.
Refusals for loss of employment land and how to answer
A refusal for loss of employment land is a policy refusal. Redrawing the scheme will not answer it; marketing, suitability and economic evidence will.
Neighbour amenity refusals: overlooking and overbearing
Amenity refusals usually bundle overlooking, overbearing impact and loss of light into one sentence. Each is tested differently, and each needs different evidence.
Highway safety refusals and the evidence that answers them
National policy sets two separate highway tests and councils often blur them. How to identify which applies, and the survey evidence that answers each one.
Answering a design refusal on appeal
Design reasons for refusal offer nothing to disprove, so the appeal turns on giving the inspector a better reading of local context. Here is the evidence that does that.
Written representations appeals and what the statement covers
Under written representations the statement is the whole case. Here is the structure that works, how to answer each refusal reason and what evidence can be introduced.
When a late consultee objection causes the refusal
Deal with the consultee before the Inspectorate. A withdrawn objection narrows the appeal, and a maintained reason for refusal without evidence can support a costs claim.
What overdevelopment means in a reason for refusal
A refusal citing overdevelopment is shorthand for several separate harms. Work out which adopted policies sit behind each limb, then answer them with measured evidence.
Reopening a viability appraisal at appeal
Two appraisals, one model, and a gap concentrated in three lines. What decides a viability appeal, from benchmark land value to the review mechanism you should offer.
Partial refusals and appealing one element of a scheme
There is no mechanism to appeal one reason for refusal. Severability of the proposal, narrowing the issues and the risk that an inspector raises a point nobody argued.
Reapplying after a highway safety refusal
A refusal on highway safety has to show an unacceptable impact, not a severe one. Beat it with a topographical survey, a speed survey and a written withdrawal of the objection.
Making the statement of common ground do real work
A statement of common ground fixes the facts so the inquiry can spend its time on the contested judgements. Here is what to agree, how to record disagreement and how to handle a silent council.
Rule 6 party status at an inquiry and what it commits you to
Rule 6 status gives an objector the right to cross examine, and imposes a statement of case, a fixed timetable and costs exposure. Here is what it takes and when to stay an interested party.
The householder appeal service and its 12 week deadline
Householder appeals run on a stripped back written procedure with a 12 week deadline and a single submission. Here is what qualifies, what you can send and when the standard route suits better.
Appealing a refusal on design and character grounds
Design refusals have no threshold to measure against, so the appeal turns on evidence. Here is how to build the contextual analysis, policy reading and site visit material that shifts an inspector.
Refusals on drainage and the sequential test
Flood refusals are either a sequential test problem or a drainage evidence gap. Here is how to tell them apart and how to answer each one.
Answering a refusal based on loss of employment land
Employment protection policies turn on whether a site has a reasonable prospect of continued employment use. Here is the marketing and viability evidence that answers them.
Appeal timetables and what actually drives delay
Appeal delay usually comes from a rejected submission, an escalating procedure or late evidence. Here is the programme stage by stage, and where the time actually goes.
Commenting on a planning appeal as a third party
If you objected and the applicant appeals, you can comment again, but to the Inspectorate rather than the council and within a deadline. Here is what carries weight and what does not.
Appealing part of a scheme and why permissions rarely sever
There is no partial planning appeal in England. If a council refuses a scheme over one dormer or one access, here are the three ways of changing what the inspector determines, and what each costs you.
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