Development Control - What Happens If My Planning Application is Refused

Summary

What if My Planning Application is Refused?

The Council will state on the decision notice the reasons why planning permission has been refused. You may be able to change your proposal to overcome the problems. If this is the case a new application should be submitted which is more likely to be successful. Before making a new application it is advisable to discuss it with your area planning officer.

Appeals to the Secretary of State

If the Council refuse permission or the conditions are not acceptable, or the Council fail to reach a decision within 8 weeks you have the right to appeal to the Department of the Environment. You have 6 months within which to appeal, starting from the date of refusal. This gives you time to negotiate with the Council to find out if there is a way to resolve the problem. The appeal process can take a long time and can be expensive. Details of where you can obtain further information is shown on the decision notice.

A booklet is obtainable for the Department of the Environment, Transport and the regions entitled 'Planning Appeals' - 'Guide to Procedures'. A copy of which can be obtained from:-

The Planning Inspectorate
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
Telephone
Main Switchboard : 0117 372 8000
Fax: 0117 372 8139

The Council has also produced a Guide of 'How to Appeal against a Planning Decision'. Copies may be obtained from Planning and Transportation reception.

Appeals are dealt with in one of three ways:-

• Written Representations
  Both the appellant and the local planning authority present their case and comment on each other's in writing.
  
• Public Inquiry
  A Public Inquiry is conducted by an Inspector who is appointed by the Secretary of State. The appellant and Council both state their case with the right to cross examine the evidence of witnesses. Both parties are usually legally represented. This method tends to be slower and more costly.
  
• Informal Hearing
  This procedure is less formal than the Public Inquiry. The appellant will probably present his own case to the Inspector and will not be professionally represented.
  The appeal decision of the Secretary of State is final: only the legality can be questioned by appeal to the High Court.

How Good Are Our Decisions

Barnsley Council loses only 1 in 5 planning appeals against its decision. This is far better than the Government standard which allows Councils to lose 2 out of 5.

Related Links:

• Development Control Services