When a local planning authority refuses planning permission, an applicant may have the right to appeal the decision. A planning appeal provides an opportunity to challenge the refusal where there are grounds for arguing that the proposal should have been approved.
In England, planning appeals are generally made to the Planning Inspectorate under section 78 of the Town and Country Planning Act 1990. The appropriate approach depends on the type of application, the reasons for refusal and the evidence available.
An appeal should be approached carefully. In some cases, making amendments and submitting a new planning application may be more appropriate than appealing the original decision.
Understanding a Planning Refusal
Before appealing, it is important to understand why the local planning authority refused the application.
The decision notice should set out the reasons for refusal and identify relevant planning policies. These reasons form an important part of determining whether there are reasonable grounds for an appeal.
Common reasons for planning refusal include:
- Design and appearance
- Impact on neighbouring properties
- Loss of privacy or overlooking
- Loss of light
- Highway safety and access
- Parking provision
- Heritage and conservation concerns
- Flood risk and drainage
- Ecology and biodiversity
- Green Belt policy
- Landscape impact
- Residential amenity
- Conflict with local planning policies
Each reason for refusal should be considered individually when preparing an appeal.
When Can You Appeal Against Planning Refusal
An applicant can generally appeal where a local planning authority has refused a planning application. Appeals may also be available where permission has been granted subject to conditions that the applicant wishes to challenge or where the authority has failed to determine an application within the relevant period.
The right to appeal does not mean that every refusal should automatically be challenged.
The applicant should consider whether the reasons for refusal can be addressed through changes to the proposal. Current Planning Inspectorate guidance states that where amendments could overcome the reasons for refusal, the applicant should consider submitting a new planning application.
Planning Appeal Deadlines
Planning appeal deadlines are important because an appeal submitted after the applicable deadline may not be accepted.
For applications submitted from 1 April 2026, the Planning Inspectorate’s current procedural guidance provides different deadlines depending on the type of appeal. For example, an appeal against refusal of a householder planning application must generally be received within 12 weeks from the date on the decision notice.
For many other planning permission refusals, the general deadline is 6 months from the date of the decision notice, although different deadlines can apply to particular types of application.
Applicants should therefore check the specific deadline that applies to their application before deciding how to proceed.
Preparing Grounds for a Planning Appeal
A planning appeal should directly address the reasons given by the local planning authority.
The grounds of appeal should explain why the refusal should be reconsidered and refer to relevant planning policies, material considerations and evidence already submitted with the application.
Depending on the circumstances, the appeal may address issues such as:
Planning Policy
The appeal can examine whether the proposal complies with the relevant development plan policies and whether the authority properly applied those policies when determining the application.
Design and Development
Where design, scale, massing or layout formed part of the refusal, the appeal can explain how the proposed development relates to the character of the site and surrounding area.
Residential Amenity
Where the authority has raised concerns about overlooking, privacy, overshadowing or loss of light, the appeal can address the relevant evidence and explain the relationship between the proposal and neighbouring properties.
Highway and Parking Issues
Where highway safety, access or parking has been cited as a reason for refusal, relevant transport evidence can be used to address the authority’s concerns.
Heritage Considerations
For properties in conservation areas or proposals affecting listed buildings or other heritage assets, the appeal may need to address heritage significance and the impact of the proposed development.
Evidence for a Planning Appeal
A planning appeal should be supported by the relevant documentation from the original application.
This can include:
- Planning application forms
- Decision notices
- Existing and proposed drawings
- Design and access statements
- Planning statements
- Heritage assessments
- Transport assessments
- Ecological reports
- Flood-risk assessments
- Drainage information
- Other technical documents submitted with the application
For appeals under the current Part 1 written representations procedure, the Planning Inspectorate generally considers the application and evidence that was before the local planning authority when it made its decision. This makes it particularly important to ensure that the original planning application contains a properly prepared and comprehensive case.
Appeal or Submit a New Planning Application
One of the most important decisions following a refusal is whether to appeal or submit a revised planning application.
An appeal may be appropriate where the applicant considers that the original proposal was acceptable and that the local authority’s reasons for refusal can be challenged using the evidence and planning policies already available.
A new application may be appropriate where the development can be changed to overcome the authority’s concerns.
For example, amendments could involve:
- Reducing the scale of the development
- Altering the building’s design
- Changing the position of windows
- Reducing overlooking
- Revising access arrangements
- Increasing parking provision
- Improving landscaping
- Providing additional technical information
The Planning Inspectorate’s 2026 guidance specifically states that where an applicant believes amendments will overcome the reasons for refusal, they should make a new planning application.
Planning Appeal Procedures
Planning appeals can be dealt with through different procedures depending on the nature and circumstances of the case.
These can include:
- Written representations
- Hearings
- Public inquiries
For applications submitted from 1 April 2026, the Planning Inspectorate introduced a revised procedural framework. Most section 78 appeals against refusal of planning permission are expected to follow the Part 1 written representations procedure, although the Planning Inspectorate can determine that another procedure is appropriate in particular circumstances.
The appeal process therefore needs to be considered in light of the particular application and the applicable procedural rules.
Planning Appeals for House Extensions and Loft Conversions
Smaller residential projects such as house extensions, conservatories and loft conversions may fall within the householder planning appeal process.
Householder planning appeals have specific procedural requirements and deadlines. For applications submitted from 1 April 2026, an appeal against refusal of a householder application must generally reach the Planning Inspectorate within 12 weeks of the date on the decision notice.
Because the deadline is significantly shorter than the general six-month period applying to many other planning appeals, applicants should act promptly after receiving a refusal.
Can a Planning Lawyer Help With an Appeal
Planning appeals often involve detailed consideration of planning policy, the decision notice, supporting evidence and the legal framework applicable to the development.
Professional advice can assist with:
- Reviewing the planning refusal
- Identifying the relevant planning issues
- Assessing potential appeal grounds
- Reviewing planning policies
- Assessing whether an appeal or revised application is appropriate
- Preparing planning appeal documentation
- Reviewing supporting evidence
- Addressing legal and planning issues arising from the refusal
- Advising on planning strategy
A properly prepared appeal should respond directly to the authority’s reasons for refusal rather than simply repeat the information contained in the original application.
How Charrette Law Can Assist With Planning Refusals and Appeals
At Charrette Law, we provide legal and planning support for property owners, developers and businesses dealing with planning applications and planning refusals.
Our services can include:
- Planning refusal reviews
- Planning appeal advice
- Planning policy analysis
- Appeal documentation
- Revised planning application advice
- Development strategy
- Planning and property law advice
- Coordination with planning consultants and technical specialists
Every planning refusal is different. The appropriate course of action will depend on the decision notice, planning history, development proposal and circumstances of the site.
Get Advice on Appealing a Planning Refusal
A planning refusal can create significant delays and uncertainty for a property owner or developer. Understanding the reasons for refusal and the available options is an important first step.
An appeal may provide a route to challenge a refusal, while a revised application may be appropriate where amendments can address the planning authority’s concerns.
Charrette Law can assist with reviewing planning refusals, assessing appeal options and providing legal and planning support throughout the process.
Contact Charrette Law for professional advice on appealing a planning refusal and understanding the options available for your development.
Frequently Asked Questions About Planning Refusal Appeals
How long do I have to appeal a planning refusal
The deadline depends on the type of application. For many planning applications, the general deadline is six months from the date of the decision notice. Householder appeals generally have a 12-week deadline under the current rules for applications submitted from 1 April 2026.
Is there a fee to appeal a planning refusal
There is currently no fee for making a planning appeal through the Planning Inspectorate.
Can I appeal after planning permission has been refused
Yes. Where the relevant statutory requirements are met, an applicant can appeal a refusal of planning permission under section 78 of the Town and Country Planning Act 1990.
Should I appeal or make a new planning application
This depends on the reasons for refusal and whether changes to the proposal could address the planning authority’s concerns. Where amendments could overcome the refusal, a new planning application may be appropriate.
Who decides a planning appeal
Most planning appeals are determined by Planning Inspectors on behalf of the Secretary of State, although some appeals can be recovered for determination by the Secretary of State.
