What Do I Do If My Planning Permission’s Been Refused Or Delayed?

What to do if your planning permission is refused?

Have you ever wondered what happens if planning permission is ignored? Or what the reasons for planning refusal might be? 

Perhaps you’re curious about how long after a planning refusal you can reapply, or if you can even apply again after a refusal. 

These are common questions that arise when dealing with planning permissions in the UK. 

Understanding planning permission and its significance is crucial for anyone involved in property development.

So, what exactly is planning permission? 

It is a formal approval from the local council allowing a proposed building project to proceed. This approval ensures that new developments are in line with local regulations and policies. 

Consequently, this process is vital for maintaining the integrity and character of neighbourhoods.

However, several misconceptions about UK building regulations often lead to confusion. Many people believe that small changes do not require permission, which is not always the case. 

For instance, even minor alterations to a property might need approval to comply with specific guidelines. 

Therefore, it is essential to thoroughly understand these regulations before starting any project.

Here are Common but often neglected reasons why planning permission is ignored include:

• Assuming small extensions or garden buildings don’t need approval

Many people think adding a small conservatory or a shed doesn’t require permission, but it often does. 

For example, a conservatory larger than 50% of the size of the original house may need permission. Therefore, it is crucial to verify these details beforehand.

• Believing that internal modifications are exempt

Changing the internal layout of a listed building or altering structural elements usually requires permission. 

Structural changes, such as removing load-bearing walls, are regulated under building regulations. Thus, always check the requirements before proceeding.

• Overlooking the impact on neighbours

Projects that affect light, privacy, or access for neighbours can be refused if not properly addressed in the application. 

Regulations such as the “right to light” can lead to refusals if ignored. Hence, it is essential to consider and address neighbour concerns early in the planning process.

• Underestimating the significance of protected areas

Building in conservation areas or on greenbelt land often has strict regulations that are easily overlooked. 

Special permissions are required, and failure to comply can result in fines. Consequently, always verify the status of the land before starting any project.

• Failing to consider historical significance

Modifying or extending properties with historical value can require special permissions. 

Listed buildings are protected, and unauthorised changes can result in legal action. Therefore, it is vital to understand the historical significance and obtain the necessary permissions.

• Neglecting to check for Tree Preservation Orders (TPOs)

Cutting down or even trimming trees with TPOs without planning permission can lead to hefty fines. 

Trees with TPOs are protected under the Town and Country Planning Act 1990. Hence, always check for TPOs before undertaking any tree work.

Others include:

• Ignoring changes in local planning policies

Planning policies can change, and failing to stay updated can result in applications being refused. 

Local Development Plans outline these policies and must be reviewed regularly. 

Therefore, keeping abreast of policy changes is essential for successful applications.

• Misjudging the scope of “permitted development”

Assuming a project falls under permitted development without verifying can lead to issues. For example, building a large outbuilding may exceed permitted development rights. 

Thus, always verify the scope of permitted development before commencing work.

• Overlooking flood risk assessments

Building in flood-prone areas without a proper assessment can lead to refusal. The Environment Agency provides guidelines for flood risk assessments. Therefore, it is crucial to conduct a flood risk assessment if applicable.

• Ignoring heritage asset considerations

Developing near heritage sites without considering their impact can lead to refusal. 

The National Planning Policy Framework (NPPF) provides guidelines for heritage assets. Hence, always consider heritage assets in your planning permission.

• Not considering protected species

Developing land that is a habitat for protected species, such as bats, without a survey can lead to refusal. 

Natural England provides licences and guidelines for protected species. Therefore, always conduct surveys for protected species.

• Assuming agricultural buildings are exempt

Converting agricultural buildings to residential use often requires permission. 

The Town and Country Planning (General Permitted Development) (England) Order 2015 outlines these rules. Thus, always verify permissions when converting agricultural buildings.

• Misunderstanding height restrictions

Building extensions or new structures that exceed height restrictions can lead to refusal. 

Local plans often specify maximum building heights. 

Therefore, always check height restrictions before planning any vertical extensions.

• Forgetting about public rights of way

Building on land that has public rights of way without proper diversion orders can lead to enforcement actions. 

The Rights of Way Act 1990 governs these. Hence, always check for public rights of way on your land.

Rounding off

• Neglecting noise impact assessments

Large developments might need noise impact assessments to avoid refusals due to potential noise pollution. 

Therefore, always consider noise impacts in your planning, especially for large projects.

• Overlooking the need for accessibility

Building projects must comply with accessibility regulations to ensure inclusivity. Hence, always include accessibility considerations in your planning permission to avoid refusals.

PS: Ignoring planning permission can lead to serious consequences. 

Non-compliance with regulations can result in fines, enforcement notices, and even demolition of unauthorised structures. 

Safety is also a significant concern, as non-compliant buildings can pose potential dangers to occupants and the public.

The application process itself can be complex and fraught with bottlenecks. From submitting plans to addressing objections, various stages require careful attention. 

Common issues include incomplete documentation and failure to meet specific criteria.

However, with expert guidance from professionals like Yoop Architects, many of these hurdles can be avoided. 

Their familiarity with the application process helps minimise the chances of refusal or rejection. 

Adapting Your Plans

If your planning application’s been refused, then we can look at the reasons for refusal. And work out how we can adapt the extension plans so that they comply with the local authority’s guidelines whilst still achieving your desired goal. 

You may be able to submit another application with modified plans free of charge within 12 months of the decision on your first application. Discuss this with your local authority.

It may also be possible to have the plans passed on the condition that you address whatever issue has come to light. If this happens, you will have to show the council within the given time frame. 

That you have made the necessary changes. Alternatively, the local planning authority may grant permission subject to conditions.

Appealing The Decision

If you disagree with how the council’s interpreted their guidance and policy. Then you can appeal through the householder appeals process (only the person who made the planning application can appeal).

You can also appeal if the local authority does not issue a decision within eight weeks (known as non-determination) unless you have agreed in writing to an extension of that period.

To avoid refusal of planning permission, need to take pre caution. A householder appeal currently has to be received by the Planning Inspectorate within 12 weeks of the date of the decision. You will lose your right of appeal if you do not submit it within this timeframe.

How to Appeal planning permission

Go to https://acp.planninginspectorate.gov.uk/ to appeal, search for or comment on a planning decision or notice.

Documents

You’ll need to submit copies of:

• your original application
• the site ownership certificate
• the local planning authority’s decision notice

You’ll also need to submit any other documents that directly support your appeal.

Fee

There’s no fee for appealing.

Decision

The whole process from submission to decision should take around 10-12 weeks.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake. Get advice from a lawyer if you’re unsure about this.

The full requirements and process for submitting a householder appeal are available at https://www.gov.uk/appeal-householder-planning-decision

FAQs on Planning Permission

• Can a council refuse to accept a planning application?

Yes, a council can refuse to accept a planning application. This usually happens if the application is incomplete or does not meet the necessary requirements. 

Therefore, it is crucial to ensure that all required documents and information are included when submitting your application. 

Moreover, adhering to the specific guidelines set by the local council is essential. 

Hence, it is advisable to consult with professionals or seek pre-application advice to avoid such refusals.

• How many times can you apply for planning permission?

There is no limit to the number of times you can apply for planning permission. 

If your initial application is refused, you can reapply after making the necessary adjustments. 

However, each application will require a new fee and a fresh review process. Consequently, learning from the reasons for the initial refusal and addressing them in the subsequent application is important. Furthermore, seeking guidance from experts can increase the chances of approval in your reapplication.

• How long after a planning refusal can you reapply?

You can reapply for planning permission immediately after a refusal. However, it is prudent to take the time to understand the reasons for refusal and to make the necessary changes to your application. 

This may involve consulting with the local planning authority or seeking advice from professionals. 

Additionally, some councils may offer feedback or suggest improvements, which can be invaluable for your reapplication. 

Therefore, while there is no mandatory waiting period, thorough preparation and addressing the previous issues can significantly improve your chances of success.

If you have any questions about the planning application process or just about creating your dream home in general, go ahead and book a free call below with Yoop.

How Yoop Architects Can Help

Yoop Architects does understand that most times, delayed or refused applications for planning leave you with a feeling of hopelessness. Here is the bright side of it all, though: it won’t be the end of the world. In fact, we have assisted many homeowners across North London and beyond in getting that planning rejection turned into an approval—and we can do the same for you. 

Here is a further in-depth look into how we walk you through the whole process: 

1. Review & Strategic Planning Permission

First of all, a thorough review of the local planning authority’s (LPA) notice of decision and the planning officer’s report forms the basis and foundation to understand the underlying reasons for the refusal or delay-whether design concerns, overlooked policies, or technical gaps. From that, we draw a specific strategy on how to amend, resubmit, or go about a strong appeal. Each case is different, and so is our bespoke approach suited to your site and ambitions. 

2. Intelligent Design Revisions 

The team will carefully design your drawings and design features relative to planning concerns. Where appropriate, we will make improvements to scale, massing, privacy, and visual impact without compromising other qualities and the intent of your build. Whether it’s to change a roofline, reduce overshadowing, or improve landscaping plans, the goal is to meet the approval criterion while not reducing quality or intention in your build.

We will get your revised plans ready, which means that we handle everything concerning the resubmission of your planning application, including 

• The up-to-date drawing and statements
• Supplementary reports (daylight, transport, ecology, etc.)
• Submissions of the new application to the LPA via the Planning Portal 
• Liaising with your planning officer through the whole process

Your application would be given a strong reason for being duly executed, accurate, and therefore ready for approval. 

3. All Embracing Resubmit Station

When your new designs have been completed, we take over all resubmission of your planning application, as in:

• Drawings and statements update
• Handling supplementary reports, e.g., daylight, transport, ecology
•  
• Submit the new application via the planning permission Portal to the LPA
• Keep liaising with your Planning Officer through the entire process

Your application is then complete, accurate, and poised for approval from our end.

4. Appeal Management, If Required

Should an appeal be a viable avenue, we help you prepare a strong, well-documented appeal to the Planning Inspectorate. It includes the following: 

• Drafting and finalizing strong statements of case 
• Collecting evidence and visual attribution 
• Collaborating with planning experts or attorneys 

We guide you through the system with clarity and professionalism, ensuring that you have greater chances of success while minimising stress.

5. Pre-Application Engagement

Considering the adage that “prevention is better than cure,” we engage involved planning permission officers directly in pre-application discussions during the revision or re-application phases. This serves to:

• Clarify expectations before making the submission
• Lay objections to rest early
• Streamline the process in its entirety

A forward-leaning approach saves time, reduces risk, and helps to make the submission of a proposal that has a greater chance of success.

Final Thoughts

Don’t let a wholly delayed or denied planning application derail your project. It’s something positive if you have the right team behind you; get to rethink your proposal and move accordingly.

Combining creative design with regulatory knowledge and hands-on experience at Yoop Architects helps people deal with planning permission-related setbacks and achieve that dream, be it a home, an extension, or a renovation, in quite a few easy steps.

Are your plans delayed or turned down? Yoop Architects for expert advice and professional redesigns.