If your planning application is refused and you think that the proposal could be altered to make it more acceptable it can be submitted again with different plans.
In certain circumstances another application fee may not be needed. However, the proposal must be of a similar nature. If you intend to submit another application, you should discuss this with the case officer.
The alternative is to appeal against the refusal by contacting the Planning Inspectorate and obtaining the necessary forms. Further information on lodging an appeal can be found on the Planning Inspectorate's website.
Planning Permission Conditions
Some planning permissions will be granted subject to a condition or conditions that you have to agree certain matters (e.g. building materials) with the council before the scheme is started. This agreement must be made in writing and you should contact the council as soon as possible and certainly before any work starts.
If you do not agree with Conditions attached to a Planning Permission, you could make another application to try and obtain planning permission without such conditions; however the council will have put the conditions on for a good reason and the alternative to an unconditioned permission is likely to be a refusal of permission.
Unless circumstances have changed since the planning permission was granted it is likely that the conditions will have to remain. You should discuss this with the case officer. The alternative is to appeal against the conditions by contacting the Planning Inspectorate.
The Appeals System
If you think we have made the wrong decision on your application, or if you have not been given a decision within 8 weeks, you can ask the Secretary of State to consider your case.
The Inspector will consider the proposal from scratch, looking at the same matters as the council. It is the Inspector's job to ensure that all relevant matters have been properly taken into account.
When can I appeal?
You can appeal to the Secretary of State if the council has:
- Refused your application for planning permission.
- Given permission but with conditions which you feel are unreasonable.
- Refused to approve the details of a scheme which has already been given outline permission.
- Approved the details of such a scheme but with conditions which you feel are unreasonable.
- Refused your proposal to meet a condition.
- Taken longer than 8 weeks to decide your application and has not informed you that your application is being rejected because it is repetitive.
The Planning Inspectorate must receive your appeal within 6 months of the date of the council's decision. If there was no decision, you must send your appeal to arrive within 6 months of the end of the period when the decision should have been sent. In the case of advertisements, or works to protected trees, this time limit is reduced to 8 weeks.
You can get the forms from the Inspectorate's Office at the address below, or download them from the Planning Inspectorate web site.
You may also find out more about the planning appeals and appealing online at the Planning Portal website.
The Planning Inspectorate
Temple Quay House,
2 The Square,
Temple Square,
BS1 6PN
We will notify those likely to be affected by the development, all those who commented on the original proposal and all other interested parties.
How will my appeal be handled?
Four out of five appeals are dealt with by written representations and are decided on the basis of written statements from you, the Council and any other third party interests. The Inspector will visit the site.
If you or the council wish to be heard by an Inspector, a Public Local Inquiryor an Informal Hearing will take place. A hearing is more relaxed and usually involves an open discussion led by the Inspector following written submissions. A Public Local Inquiry involves legal procedural rules, but you have the right to speak directly to the Inspector and challenge the evidence put forward by the council. The Inspector will visit the site.
