What Do I Do If My Planning Permission’s Been Refused Or Delayed?
At Yoop Architects, at the final stage of the eight week planning application process, we try and touch base with the case officer. If the planning application is going to be refused due to a very minor thing like an objection, the addition of obscure glazing on a side window or a 300 millimeter wall adjustment, then usually we get the opportunity to tweak the drawings before sending them back in for approval.
If it’s something more fundamental and planning permission’s been refused, the local authority must include written reasons in the decision notice to say why the planning application was refused. There will be quite specific grounds for refusal – it can’t be because the local authority just doesn’t like it. If you are unhappy or unclear about the reasons for refusal or the conditions imposed, talk to a member of staff at the local authority planning department.
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.
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
Go to https://acp.planninginspectorate.gov.uk/ to appeal, search for or comment on a planning decision or notice.
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.
There’s no fee for appealing.
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
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.
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