|
|
planning-applications.co.uk |
|
UNDERSTANDING THE REFUSAL NOTICE
You
have invested considerable time and effort in seeking your planning permission
and it can be very dispiriting to receive a refusal from the Council. However,
a refusal may not be the end of the world (It may just feel like that; however
long you have been involved in planning!)
There
may be several reasons behind the refusal. Here are a few regulars:-
Perhaps your application was insufficiently detailed
and the Council just could not grant permission based on the information
provided.
You were applying for development that was contrary
to
Development
Plan policy.
The proposal was generally acceptable but the
Council would only grant consent if important alterations were made which could
not be made other than by re-submitting the application.
The proposal failed to address important
environmental or other issues.
It was a close vote and you caught the committee on
an off-day. Yes that happens in a democratic process I'm afraid.
Perhaps your application was considered premature,
pending the introduction of new policy guidance or a change in local
circumstances.
Reviewing the Grounds
of Refusal
The
authority cannot issue a refusal notice without providing a proper reason (or
reasons) for refusal.
These
will take the form of a series of GROUNDS OF REFUSAL that refer to concerns
over particular aspects of the development, or the proposal as a whole.
Many
will relate to the established Local Plan policies of the Council and why
your particular development does not conform to them.
The
first thing to do therefore is to read the decision fully and establish whether
there is a chance to re-submit.
You have 12 months within which you may re-submit a
substantially similar planning application without incurring further fees.
Discuss
any potential changes with the Council and endeavour to arrive at a revised
application that satisfies the committee’s original concerns. This time, if the
application is satisfactory, the decision could be delegated to officers rather
than returned to the committee.
There
may be technical issues to overcome, such as access or drainage limitations
that, once resolved, would allow development to go ahead. You may have time to
work these out rather than rush off to an expensive appeal.
If
your application was refused on policy grounds, re-check the Local Plan and see
if there is an alternative approach. Was your scheme too large, or in the wrong
location. Did you fail to satisfy all the appropriate policy criteria?
Have
the Council properly applied the policy or overlooked other issues. It may be a
question of balance, which can be tipped in your favour with a little more
effort.
A
policy refusal may be harder to overcome, but it may not be fatal.
Clearly,
if you applied for a form of development that was evidently unsuitable, or in a
policy area such as the Green Belt that is rigorously protected, then the
refusal may not have come as a surprise. The next question is "should I
appeal"?