Refusals and Appeals – Page 9
Why applications are refused, how to fix a resubmission and how the appeal routes work.
Refusals and Appeals articles – page 9
240 articlesRefused for missing biodiversity net gain information
Most refusals that mention biodiversity net gain are information failures rather than habitat failures, and those are usually cured faster by resubmitting than by appealing.
Refused for overdevelopment: answering a density objection
A cramped form of development reason bundles coverage, gardens, separation and parking into one phrase. Take it apart and answer each strand with measured evidence.
What goes in an appeal statement of case
On a written representations appeal the statement of case is usually the only substantial argument the inspector reads. Structure, concessions and a usable core documents list decide how well it lands.
Refused over a non-designated heritage asset
Harm to a non-designated heritage asset is weighed in the ordinary planning balance, with no section 66 duty and no great weight direction. Evidence of significance decides most of these appeals.
Refused on highway safety: the severe test at appeal
A highways refusal has to clear one of two national policy tests: an unacceptable impact on highway safety, or severe residual cumulative impacts on the road network. Separating them is the start of the appeal case.
Challenging an enforcement appeal decision under s289
Section 289 is the route to the High Court against an enforcement appeal decision. It needs permission, it runs to 28 days, and it only reaches errors of law.
Section 73 refusals and the fundamental alteration limit
Two of the three grounds for refusing a section 73 application are jurisdictional. Here is how to keep a variation inside the limits and what to do when it falls outside.
Costs awards on planning appeals for unreasonable behaviour
An appeal costs award turns on unreasonable behaviour that caused wasted expense, not on who won. Here is how inspectors apply the test and how to build the application.
Challenging an appeal decision in the High Court
A section 288 challenge tests the legality of an inspector's decision, never its merits. The six week deadline is absolute, and permission is needed before the claim is heard.
Green Belt refusals: very special circumstances on appeal
Very special circumstances appeals fail on the harm side of the balance far more often than on the benefits side. This is how inspectors structure the exercise, and what evidence moves it.
The statement of case at a planning inquiry
The statement of case is the fence around your evidence. Draft it as the skeleton of your closing submissions, then write the proofs to fill it in.
Appealing a refused Tree Preservation Order consent
TPO appeals run on a 28 day deadline and are decided on arboricultural evidence. Here is what to submit, and which reasons for felling rarely succeed.
Section 73 refusals and the limits of varying conditions
Section 73 varies conditions, not the description of development. That single limit explains most refusals, and knowing it before you apply saves a fee and eight weeks.
Free go resubmission or appeal: choosing between them
The fee regulations waive the fee on one resubmission within 12 months. When that is the right route, when to appeal instead, and why the appeal deadline does not pause.
Unilateral undertakings when a section 106 is refused
A unilateral undertaking lets an appellant put an obligation before an inspector without the council signing anything. What it has to contain and when it has to arrive.
Appealing a refused advertisement consent
Only two considerations are open to the decision maker on an advertisement appeal. How to build the amenity and public safety case, and what the eight week deadline means.
Appealing a refused listed building consent
Listed building consent appeals turn on the section 16 duty rather than the ordinary planning balance. What to file, how to describe harm, and how to run the consent and permission appeals together.
Appealing a refused lawful development certificate
Certificate appeals are decided on fact and law, not planning merit. Here is what the balance of probabilities means in practice, which documents carry weight, and when a fresh application beats an appeal.
Enforcement notice appeals: the seven statutory grounds
Section 174 of the Town and Country Planning Act 1990 gives seven grounds of appeal against an enforcement notice. Here is what each asserts, which evidence carries it, and why the deadline cannot be extended.
Appealing a refused discharge of conditions
A refusal of details is not a refusal of permission. Here is the section 78 appeal route, the deemed discharge alternative under section 74A, and the point at which a section 73 application is the faster answer.
Refused on overbearing impact: how inspectors assess it
An extension can pass every daylight test and still be refused as overbearing. The variables that decide it are separation, eaves height, flank length, orientation and ground levels.
Appealing against non-determination: gains and losses
Once a non-determination appeal is lodged, the council can no longer grant permission and the case runs against reasons it has not yet written. Here is what that trade actually costs.
Written reps, hearing or inquiry: choosing the procedure
Most appeals belong on written representations. Knowing when a case needs real testing under cross-examination, and when a hearing is the better middle route, is where the judgement lies.
Written representations appeals: the full timetable
A written representations appeal is measured from the start date the Planning Inspectorate sets. Here is the order of play, what each document is for, and where appellants most often lose ground.
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