Tag: planning appeal

Planning Permission

Navigating Planning Appeals: Tips for Successfully Contesting Refusals

22nd August 20230

Firstly, the journey of securing planning permission for a construction project can often be intricate and fraught with challenges. While many applications are granted smoothly, there are instances when a proposal is met with a refusal from the planning authority. When this happens, all is not lost. Planning appeals provide a valuable opportunity for applicants to contest these refusals and present a strong case for reconsideration. In this article, we will explore the ins and outs of planning appeals. Along with practical tips to enhance your chances of success.

Understanding Planning Appeals

A planning appeal is a legal process that allows an applicant to challenge a planning authority’s decision to refuse permission for a proposed development. The process varies by jurisdiction but generally follows a similar structure. Here are the key steps involved:

  1. Grounds for Appeal: It’s important to understand why your application was rejected. Common reasons include concerns about the impact on the local environment. Insufficient details provided in the application, or conflicts with local planning policies.
  2. Submission Deadline: So, appeals must typically be submitted within a specified timeframe after the refusal decision. This varies depending on the jurisdiction.
  3. Preparing the Appeal: A well-prepared appeal is crucial. Gather all relevant documents, including the original planning application, correspondence with the planning authority, and any supporting evidence or expert opinions that strengthen your case.
  4. Appeal Statement: This is your opportunity to present a comprehensive case, addressing the reasons for refusal and demonstrating how your proposal aligns with planning policies. Be clear, concise, and organized in your arguments.
  5. Additional Information: So, depending on the specifics of your case, you may be required to provide additional information or updated plans to address the concerns raised by the planning authority.
  6. Site Visits and Hearings: Some jurisdictions conduct site visits and hearings as part of the appeal process. This is a chance for you to present your case in person and address any questions or concerns.
  7. Decision: The appeal is reviewed by an independent body or a planning inspector. They will consider all the evidence and make a decision, either upholding the refusal or overturning it.

Tips for Appealing Against Planning Refusal

  1. Thorough Research: Understand local planning policies and regulations that apply to your proposal. This knowledge will help you tailor your appeal to align with these guidelines.
  2. Engage with Experts: If your proposal involves technical or specialized aspects, consider consulting experts such as architects, environmental consultants, or traffic engineers. Their input can bolster your case.
  3. Address Concerns Directly: In your appeal statement, tackle each reason for refusal head-on. Provide clear and compelling arguments supported by evidence to counter these concerns.
  4. Clear and Concise Communication: Present your case in a coherent and easy-to-understand manner. Avoid jargon and technical language that could confuse the decision-makers.
  5. Visual Aids: Utilize diagrams, plans, and images to visually communicate your proposal. Furthermore, these aids can effectively convey your vision to the decision-makers.
  6. Demonstrate Public Benefit: If your proposal contributes positively to the community, emphasize these benefits in your appeal. This could include job creation, improved amenities, or enhanced aesthetics.
  7. Engage with the Community: So, if local opposition played a role in the refusal, engage with the community to address their concerns and highlight any modifications you’ve made to accommodate them.
  8. Maintain Professionalism: Keep all communications and interactions with the planning authority respectful and professional. A cooperative approach can influence the decision-makers positively.
  9. Be Open to Compromise: While it’s essential to uphold the core aspects of your proposal, be open to making reasonable changes that address specific concerns.
  10. Legal Assistance: In complex cases, seeking legal counsel or the advice of a planning consultant can provide you with valuable guidance and support.

Conclusion

Finally, planning appeals offer a second chance to secure approval for your proposed development, even after facing a refusal from the planning authority. By meticulously preparing your appeal, addressing concerns, and presenting a well-structured case, you can significantly enhance your chances of success. In addition, remember, persistence, professionalism, and a clear demonstration of how your proposal aligns with planning policies will play a pivotal role in influencing the decision-makers’ reconsideration.

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Advice Center

Planning Application Rejected? Here’s How To Resolve The Issue

22nd February 20230

If the authority refuses to give you permission for a planning application, they must give you a written reason explaining why it was denied.  If you are unhappy or unclear about the reasons for refusal you should talk to a member of the local authority planning department.  

Withdraw and resubmit –  

Withdrawing and resubmitting the application is the best option if something has come to light that could get your application denied. You should withdraw the application before it gets rejected. Then make the changes and resubmit.  

Apply for a planning application appeal –  

You can ask the local authorities that if changing the plans will make a difference.  You must submit your appeal within three months, if you have a major project, you have up to six months.  

However, the council will send you information on how to appeal. There are three ways of doing so – in writing, at an informal hearing, and a public inquiry. 

 Most councils will ask you to go down the in-writing route. You will get an informal hearing if there is a lot of public interest in the plans. A public inquiry will only take place for the most complex of cases.  

When appealing in writing you’ll need to write down all of the reasons why you think your application should have received planning permission. When writing you should be as detailed as possible and focus on the planning matters.  

Once this has been completed, a planning inspector will visit your home. The inspector will give his decision on the appeal within two to six weeks of the visit.  

Reasons your planning application can be refused –  

  • Protection of green belt land – local authorities are under clear instruction to strongly oppose any schemes involving potential harm to the openness of the green belt.  
  • Negative effect on character and appearance – this can be the most frequent issue. Projects that change the pattern of the houses are usually denied.
  • Loss of a family home – projects that want to convert a house into flats or non-residential places are a common reason for refusing this type of planning application.  
  • Overshadowing – you need to make sure your development doesn’t overshadow the neighbouring properties causing loss of light.  
  • Overlooking homes – causing loss of privacy. 

Accept the decision – 

Finally, your other option is to just accept the decision. Sometimes there will be circumstances in which your planning application will be denied. And there is nothing anyone can do about it.

You now know how to handle the situation, if your planning application is denied. Finding the best option is dependent upon the terms of refusal and on your determination to get what you want. 

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