Refusals and Appeals – Page 8
Why applications are refused, how to fix a resubmission and how the appeal routes work.
Refusals and Appeals articles – page 8
240 articlesHow an inspector's decision letter is structured
An appeal decision states the outcome first and explains it afterwards. Knowing the structure tells you where the decision was made and what a later case can rely on.
Overcoming a heritage harm refusal reason
Heritage refusals are rarely beaten by claiming no harm. They are beaten by changing the level of harm found and evidencing public benefits that are real and deliverable.
Overcoming a highway safety refusal reason
Highway refusals are answered with numbers. Speed surveys that set the visibility requirement, splays drawn on a topographical survey, trip rates with their source, and parking stress counted properly.
Resubmitting a refused scheme instead of appealing
A refusal notice is a specification for the next scheme. How to work through each reason, when the fee exemption applies, and how to time a resubmission against the appeal deadline.
New evidence at appeal and when it is refused
An appeal is a redetermination, not a fresh start. Here is when inspectors admit evidence the council never saw, the hard bar in householder appeals, and how amended plans are treated.
Writing a statement of case an inspector can use
An appeal statement of case should answer each refusal reason in the order the council numbered them, with sourced evidence and a bundle that has been sifted. Here is how to structure one.
Deciding whether a refusal reason is worth appealing
A refusal notice usually mixes evidence reasons, merits reasons and reasons of principle, and each calls for a different response. Here is how to triage them before the appeal deadline decides for you.
Why householder applications are refused most often
The reasons householder applications fail barely change between councils, and almost all of them are visible on the drawings before submission.
Recovered appeals and called-in applications
Call-in and recovery both hand the decision to the Secretary of State, but they use different powers at different stages. What each means for a scheme and its programme.
Using appeal decisions as evidence in an application
An inspector's earlier decision binds nobody, but a decision maker departing from one on the same issue should explain why. How to use that consistency argument without overplaying it.
Interested party representations at appeal
Your objection to the application goes to the Planning Inspectorate automatically. Whether you can add anything depends on the appeal procedure, and householder appeals accept nothing new at all.
The appeal questionnaire and the council's statement
The questionnaire arrives early and is largely factual. Read it against the reasons for refusal, because the gaps between them are where appeals are won.
Reading reasons for refusal before you decide to appeal
A refusal notice is two paragraphs that decide your next move. Separating what the council found from what it concluded is where that decision starts.
Proofs of evidence and rebuttals at inquiry
A proof is a witness's own evidence, not a second statement of case. The timetable, the summary convention and when an inspector will accept a rebuttal.
Non-determination appeals and when they actually help
Appealing against non determination ends the negotiation and hands the scheme to an inspector. When that is the right move, and when it costs you months.
Refused on loss of an employment site
Refusals for loss of employment land are usually decided on whether the site was properly marketed, for long enough, at an employment use price. Here is what the evidence file should contain and where these appeals are won and lost.
When national policy changes during your appeal
An inspector applies the policy in force when the decision is issued, so a new NPPF edition or a newly adopted local plan can change an appeal after the statement of case is lodged. Here is the procedure and what to put in an addendum.
Refused on drainage: proving a surface water strategy
Lead local flood authority objections carry weight because inspectors trust them. The way past one is evidence at each step of the hierarchy, not a promise to sort it out later.
Why the Planning Inspectorate returns appeals as invalid
An appeal that arrives incomplete is not started. With a twelve week householder deadline and no power to extend it, a return can end the appeal entirely.
Refused on daylight to a neighbour's window: the appeal case
A refusal citing loss of daylight to a neighbouring window is winnable, but only with the right tests, a properly surveyed baseline and an argument about what the affected room is actually used for.
How neighbours take part in a planning appeal
There is no third party right of appeal in England, but neighbours can make representations, attend the site visit and, at inquiries, apply to become a full party.
Refused on parking: building the evidence for an appeal
Councils refuse conversions on parking more often than on anything else. Overnight kerbside survey data and local car ownership figures are what shift an inspector.
Withdrawing a planning appeal and what it can cost you
Withdrawing an appeal is a one line notice to the Planning Inspectorate. The timing decides whether it is free or whether the council applies for its costs.
Nutrient neutrality refusals and the appeal options
The habitats regulations do not allow a balance. An appeal only helps where the dispute is about methodology, coverage, or the timing of mitigation already being secured.
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