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UK Planning Appeals – Why Appeal your Refused Planning Application

This Planning Appeals Video Was Updated October 2020

Just because your local planning authority planning officer has refused your application does not mean that you cannot have the permission you have been seeking.

Decision Notices can often look very final, and the one you received most probably has lots of policies both local and national being quoted. If however I told you that often when checked the policy numbers quoted don’t always relate to what they are being implied, and when investigated further, we do find that in fact they are sometimes misrepresented, used incorrectly or inappropriately all of which open opportunities for a well-structured, robust and comprehensive appeal to overcome them and that’s before we even start on the main arguments for you!

It is also important to remember that local policies are just that policies, they are not legislative and as such are interpretable, something a planning inspector will assess during an appeal.

Recently the country has undergone massive changes with both working practices and home life due to COVID-19, and it is very much the case that the current local policies do not reflect in any way life today and in many cases this can open up opportunities to win which were not available previously. Appealing your planning refusal is your right do so.

During the planning application process many applicants don’t receive feedback or help from the local planning officer prior to a decision being issued, removing their chance to alter the plans mid application to gain the permission they are seeking.

Sometimes applicants are pressured or persuaded in to withdrawing their application by the threat of receiving a refusal. Withdrawing the application serves very few people with any positive outcome. Resulting then in you having no chance to appeal and no true understanding of why it is not being accepted for approval.

If a decision notice is issued even if you wish to submit an new application, you are better off doing so having received a decision notice. This is so you have something to work from and use as part of your new application. I deal with too many clients who have withdrawn their first application only to be no further forward and receive a refusal on the second application having compromised on their development with no success and lost a further two or three months waiting for a decision.

It is often the case that a refusal comes after objections or even unfair influence had been made, you may feel this applies to your case. I speak with many clients who have had a ‘political refusal’ as we call them. These types of refusals are effectively why there is a planning appeal system as removing the local planning department from the equation is probably your best option if this has happened.

The Planning Inspectorate is a government-based organisation that is appointed by the Secretary of State to handle all types of planning appeals. Based out of Bristol and covering England and Wales the Planning Inspectorate gives you a second chance of success to gain that permission you are seeking, taking the decision process away from your local authority.

As an organisation HEAL Planning is one of the leading appeals specialists with both dedicated in-house planning and legal teams, whose job it is to win your case, both these skill sets are invaluable to produce a robust and compelling case to gain a win. You won’t find many organisation’s in our industry that have both of these skill sets a planning and legal team, and it is most definitely a major reason why we have the success rate we do.

Without appealing your application refusal you cannot gain the permission you are seeking!

If you would like a free no obligation consultation with a member of our team please call us on 01743 369911 give your appeal its best chance of success.