What Happens If Planning Permission Is Refused?
If your planning application is refused, you can appeal to the Planning Inspectorate, resubmit an amended scheme, or try to negotiate with the council.
Understanding the refusal
If your planning application is refused, the council must give you clear reasons. These are listed in the decision notice and typically reference specific planning policies that the proposal conflicts with. Understanding these reasons is crucial for deciding your next steps.
Your options after refusal
1. Appeal to the Planning Inspectorate
You have the right to appeal a refusal to the Planning Inspectorate, an independent government body. Key points:
- You have 6 months from the date of the decision to appeal (12 weeks for householder appeals)
- Appeals are free - there is no fee
- The Inspector will reconsider the application from scratch, based on planning merits
- The Inspector can approve, refuse, or approve with different conditions
- Appeal decisions are final (except on points of law via the High Court)
Be aware that appeals take time - typically 6-12 months for written representations, longer for hearings or inquiries. The success rate nationally is around 30-35%.
2. Resubmit an amended scheme
Often the most practical option. Read the refusal reasons carefully and redesign the scheme to address them. You can submit a new application - and the first resubmission is free if submitted within 12 months of the refusal and relates to the same site and similar development.
Before resubmitting, consider requesting pre-application advice from the council to confirm your revised scheme addresses their concerns.
3. Negotiate with the council
Sometimes, particularly for delegated decisions (decided by a planning officer rather than committee), you can contact the case officer to discuss what changes would make the scheme acceptable. This can save time and money compared to a formal appeal.
Should you appeal or resubmit?
Consider an appeal if:
- You believe the council got the decision wrong - your scheme complies with policy
- The refusal reasons are about principles (e.g. "inappropriate development") rather than design details
- You have strong supporting evidence or precedent
Consider resubmission if:
- The refusal reasons relate to specific design issues that can be fixed
- The officer indicated they would support an amended scheme
- You need a decision quickly (appeals take months)
Costs of appealing
While appealing is free, you may incur costs for professional support - planning consultants, architects, and solicitors. In rare cases involving unreasonable behaviour, either party can apply for an award of costs against the other.
Key facts
- You have 6 months to appeal (12 weeks for householder applications)
- Appeals to the Planning Inspectorate are free
- The national appeal success rate is around 30-35%
- The first resubmission within 12 months is free
- Pre-application advice before resubmitting can improve your chances significantly
Track decisions in your area
Use Planning Signal to see which applications in your area have been approved or refused, and understand local decision patterns.