Planning a new development, extension, change of use, or other alteration to a property often involves navigating the UK planning system.
For many property owners and developers, submitting a planning application can be an important step towards achieving their development plans. However, receiving planning permission is not guaranteed. Applications can be refused for a number of reasons, including concerns about design, impact on neighbours, highways, Green Belt policy, or failure to comply with planning policies.
If your planning application has been refused, this does not necessarily mean that your development has to stop. Depending on the circumstances, you may be able to amend the proposal, submit a new application,n or appeal the planning decision.
At Charrette Law, we advise homeowners, landowners, developers, and businesses on planning matters, including planning applications and appeals. We help clients understand their legal position, assess their options, and make informed decisions about their proposed development.
What Is a Planning Application?
A planning application is a formal request to the relevant Local Planning Authority for permission to carry out a proposed development.
Planning permission may be required for a range of projects, including:
- New residential development.
- House extensions.
- Changes of use.
- Commercial development.
- New buildings.
- Certain alterations to existing buildings.
- Development affecting land or property.
Not every project requires a full planning application. Some development may benefit from permitted development rights, provided that the relevant conditions and limitations are satisfied.
Our article on Outbuildings Permitted Development explains how permitted development rights can apply to garden buildings and when planning permission may still be necessary.
Understanding which planning route applies to your project before work begins can help prevent unnecessary costs and delays.
What Documents Are Needed for a Planning Application?
The documents required will depend on the nature and scale of the proposed development.
However, planning applications commonly involve drawings and supporting information that allow the Local Planning Authority to properly understand the proposal.
This may include:
- Existing plans.
- Proposed plans.
- Elevation drawings.
- Location plans.
- Site plans.
- Design information.
- Planning statements.
- Heritage information where relevant.
- Other supporting documents.
Accurate drawings are particularly important because they provide a clear representation of what you are proposing to build or change.
As we discussed in our article on Planning Application Drawings, the drawings need to accurately reflect the proposed development, including relevant dimensions, scale, and other details.
The planning statement should also be consistent with the drawings. If the written statement describes something different from what the drawings show, this can create confusion and potentially undermine the application.
Why Do Planning Applications Get Refused?
There are many reasons why a planning application may be refused.
Some common reasons include:
- The proposal conflicts with planning policies.
- The development is considered too large.
- The design is considered inappropriate.
- There is an unacceptable impact on neighbouring properties.
- Concerns about highways or parking.
- The development would have an unacceptable impact on the surrounding area.
- The proposal is located in a sensitive area.
- The development would cause unacceptable environmental harm.
- Required information has not been adequately addressed.
A refusal does not always mean that the principle of development is unacceptable.
Sometimes, relatively small changes to a proposal can make a significant difference.
For example, increasing the size of an extension may affect its relationship with neighbouring properties, the character of the area, or the relevant planning policy.
This is why it is important to understand why an application has been refused before deciding what to do next.
What Happens After a Planning Application Is Refused?
Receiving a planning refusal can be frustrating, particularly where you have already invested time and money in preparing your application.
However, there may be several options available.
Depending on the circumstances, you may be able to:
Amend the Proposal
If the refusal relates to a specific aspect of the development, you may be able to modify the proposal and submit a new application.
Submit a New Planning Application
A new application may be appropriate where changes can address the reasons for refusal.
Appeal the Decision
In some circumstances, you may have the right to appeal the Local Planning Authority’s decision.
The appropriate option will depend on the circumstances of the application and the reasons for refusal.
At Charrette Law, we can help you assess the decision and determine the most appropriate course of action.
What Is a Planning Appeal?
A planning appeal allows an applicant to challenge certain planning decisions made by a Local Planning Authority.
Planning appeals are generally considered by the Planning Inspectorate, rather than the council that originally refused the application.
An appeal is not simply an opportunity to resubmit the same application without further consideration.
The grounds of appeal and the evidence supporting your position need to be carefully considered.
Depending on the type of appeal, the process may involve written representations, a hearing,g or an inquiry.
The appropriate procedure will depend on the circumstances of the case.
When Can You Appeal a Planning Decision?
Not every planning decision can be appealed in the same way.
The right to appeal depends on the type of decision and the circumstances surrounding the application.
For example, an applicant may have a right of appeal where a planning application has been refused.
There may also be circumstances involving:
- Conditions attached to planning permission.
- Enforcement decisions.
- Certificates of lawfulness.
- Other planning decisions where legislation provides an appeal route.
Strict deadlines can apply to planning appeals.
If you are considering an appeal, it is therefore important to obtain advice as soon as possible after receiving the decision.
Been Refused Planning Permission?
Don’t assume that a refusal means your development has come to an end.
The reasons given by the Local Planning Authority need to be carefully reviewed to determine whether the proposal can be amended, whether a new application would be appropriate, or whether an appeal should be considered.
Charrette Law can help you assess your planning decision and understand your options. Contact our team for expert planning advice.
How Can a Planning Lawyer Help With an Appeal?
Planning appeals can involve detailed planning policies, evidence, and legal considerations.
A planning lawyer can help you:
- Review the reasons for refusal.
- Assess the relevant planning policies.
- Consider the strengths and weaknesses of your case.
- Advise whether an appeal may be appropriate.
- Prepare legal and planning arguments.
- Review supporting evidence.
- Assist with written representations.
- Advise on planning conditions.
- Represent you where appropriate.
The aim is not simply to challenge the council’s decision but to present a well-supported case addressing the reasons for refusal.
Planning Applications, Objections and Appeals
Planning applications can also attract objections from neighbours, local residents,s or other interested parties.
Our article on Planning Objections explains some of the common reasons people may object to a planning application and how objections are considered during the planning process.
However, an objection does not automatically mean that an application will be refused.
The Local Planning Authority must consider relevant planning matters and determine the application based on the applicable planning policies and other material considerations.
If your application has been refused following objections, it is important to distinguish between objections that are legally relevant and matters that may carry less weight in the planning decision.
Planning Applications and Environmental Issues
Environmental considerations can also affect planning applications and appeals.
Depending on the nature and location of the development, issues such as:
- Flood risk.
- Biodiversity.
- Protected habitats.
- Contaminated land.
- Trees.
- Pollution.
- Ecology.
May need to be considered.
Our Environmental Legal Advice article explains why environmental matters can be important for property owners, developers, and businesses.
Where environmental concerns form part of the reasons for refusing a planning application, specialist advice may be particularly useful when considering your next steps.
Planning Applications and Section 106 Agreements
Some developments may involve planning obligations secured through a Section 106 Agreement.
These agreements can impose obligations on developers to mitigate the impact of development, such as contributions towards infrastructure or other planning requirements.
If your development involves planning obligations, understanding the legal implications before proceeding can help you avoid unexpected commitments.
You can read our guide on Section 106 Agreements for more information about how these agreements work and the issues developers should consider.
Similarly, developments that require work on the public highway may involve a Section 278 Agreement.
Planning Applications and Permitted Development
Before submitting a planning application, it is worth establishing whether your proposed development actually requires planning permission.
Some developments may benefit from permitted development rights.
This can include certain:
- Extensions.
- Loft conversions.
- Outbuildings.
- Changes to buildings.
- Other forms of development.
However, permitted development rights are subject to conditions and limitations.
Our article on Outbuildings Permitted Development explains some of the key considerations when planning a garden building.
Where permitted development rights do not apply, a planning application may be necessary.
Why Planning Advice Should Be Obtained Early
Planning problems can become considerably more expensive once a project is already underway.
Seeking advice early can help you:
- Understand whether planning permission is required.
- Identify potential planning restrictions.
- Assess whether permitted development rights apply.
- Prepare appropriate drawings and supporting documents.
- Identify potential objections.
- Understand planning policies affecting the site.
- Reduce the risk of avoidable refusal.
- Consider appeal options where necessary.
Early advice does not guarantee that planning permission will be granted, but it can help you make better-informed decisions before committing significant time and money to a project.
How Charrette Law Can Help
At Charrette Law, we provide practical legal advice to property owners, developers, landowners, and businesses dealing with planning matters.
We can assist with:
- Planning applications.
- Planning appeals.
- Planning objections.
- Planning enforcement.
- Permitted development.
- Planning conditions.
- Section 106 Agreements.
- Section 278 Agreements.
- Restrictive covenants.
- Property development matters.
We understand that every planning project is different. Our role is to help you understand the legal and planning considerations affecting your proposal and identify the most appropriate way forward.
Speak to Charrette Law About Your Planning Application or Appeal
Whether you are preparing a planning application or have already received a refusal, obtaining professional advice can help you understand your options.
If you are still at the application stage, we can help you identify potential issues and ensure that your proposal is properly supported.
If your application has been refused, we can review the decision, explain the available options, and advise whether an appeal or revised application may be appropriate.
Contact Charrette Law today to discuss your planning application or appeal with our experienced planning team.
Frequently Asked Questions
Do I always need planning permission?
No. Some forms of development may benefit from permitted development rights. However, these rights are subject to specific conditions and limitations.
What happens if my planning application is refused?
You may be able to amend the proposal and submit a new application or, depending on the circumstances, appeal the decision. The reasons for refusal should be carefully reviewed before deciding which option is best.
How long do I have to appeal a planning decision?
Appeal deadlines depend on the type of planning decision and the circumstances of the case. Because deadlines are important, you should obtain advice promptly after receiving a decision.
Can I appeal if my planning application was refused because of an objection?
Potentially. The existence of objections does not prevent you from appealing where you have a right of appeal. The appeal will consider the relevant planning issues and evidence.
Is a planning appeal the same as submitting a new planning application?
No. A planning appeal challenges a planning decision, whereas a new planning application involves submitting a revised or new proposal to the Local Planning Authority.
Can I make changes after my planning application has been refused?
Potentially. Depending on the reasons for refusal, changes to the proposal may address the concerns raised by the Local Planning Authority and allow you to submit a new application.
Can Charrette Law help with planning appeals?
Yes. Charrette Law can advise on planning decisions, assess the reasons for refusal, and help clients understand whether an appeal or alternative approach may be appropriate.
