Facing A Planning Refusal in 2024? Don’t Panic!
Table of Contents
Introduction
Congratulations on reaching the planning application stage for your project! It’s a significant milestone and one you should celebrate. However, despite the achievement, even the most well-prepared plans can face hurdles. Here at Rowett Architecture, we understand the disappointment our clients face when receiving objections or facing a potential planning refusal and are here to share some tips on how to navigate a rocky application process.
In recent years, the planning process has become stricter and stricter. There’s now less room for flexibility than ever. Due to the changes, gone are the days where we would advise a withdrawal and resubmission as these now come with consequences. Read on to find out what those consequences are, and what we now advise instead. But first, we’ll talk opinions, particularly differing opinions between the Parish Council and the Local Planning Authority (LPA) and what that means for your application.
Differing Opinions
1. Parish Object, LPA Disagree
If the LPA approves of an application despite the Parish Council’s objection, you’re usually in good shape as the final decision lies with the LPA. However, understanding the Parish Council’s concerns can foster better community relations and smooth the approval process.
If the Parish Council Object, here is what happens during the course of a typical planning application:
- The 10-Day Clock Starts: The LPA triggers a 10-day protocol, formally requesting the Parish Council to reconsider their decision.
- Re-evaluation: The Parish Council will re-examine the application based on any new information or arguments presented by the LPA. They may also reach out to the architect for clarification.
From here, there are 3 possible outcomes:
- Change of Heart: Based on the new information, arguments, and clarifications received, the Parish Council may change their stance and rescind their objection.
- Agree to Disagree: If, after 10 days, the Parish Council remains opposed, the local councillor gets involved. In most cases, the Parish Council then changes their stance to “Agree to Disagree”, allowing your application to be approved by the LPA.
- Councillor Objection: If the councillor also objects, your project goes to a Design Committee for review. This is a less common scenario.
2. LPA Object, Parish Disagree
Things get trickier if the Local Planning Authority (LPA) wants to issue a planning refusal for your application despite the Parish Council’s support. While the Parish Council’s opinion holds weight, as we learnt earlier, the final decision lies with the LPA. This means that a refusal is likely at this point. In extremely rare cases, the LPA can be “forced” to agree with the Parish Council, but this is uncommon.
Here is the process your application will go through if the Parish are in support, but the LPA object:
- Everyone is Notified: The LPA with inform both you and the Parish Council of their decision to refuse, along with the reasons for refusal, which will be based on relevant planning policies.
- The 10-Day Clock Starts: The LPA triggers a 10-day protocol, formally requesting the Parish Council to reconsider their decision.
- Re-evaluation: As before, the Parish Council will re-examine the application based on any new information, arguments, or clarifications.
- Agree to Disagree: If, after 10 days, the Parish Council remains supportive, the local councillor again gets involved. In most cases, the Parish Council then changes their stance to “Agree to Disagree”, allowing your application to be refused.
What To Do When Facing a Planning Refusal
The LPA will inform you of their reasons for refusal. The first thing you should do is review these comments and analyse them carefully to identify areas for improvement.
Next, you should consider your approach. You have a few options:
1. Negotiation
Whenever possible, negotiation is our first choice. Open communication with the planning officer can be very effective. By discussing their concerns, you might be able to make minor adjustments to get your project approved.
However, Cornwall Council is cracking down on the amount of adjustments they will accept as part of an application and this is therefore becoming less and less possible. If your planning application is with a different authority, you should check their policy regarding amendments.
If negotiations aren’t an option, your choices are:
- Withdraw your application
- Accept a refusal and either:
- Appeal the decision, or,
- Revise the application and resubmit
2. Withdrawal
As we mentioned at the start of this article, withdrawing your application is no longer recommended.
In the past, applicants could withdraw an application and resubmit it with amendments without penalty as long as you submitted it within a certain timeframe. However, this option is no longer available. Nowadays, withdrawing simply allows the LPA to avoid issuing a formal refusal letter, which can be a disadvantage for you.
A refusal letter provides you with either the basis for an appeal, or helps you understand what needs to change for a successful resubmission. Without this, you won’t be able to appeal, and you will be left without the detailed reasons for refusal, meaning any resubmission has a higher change of a second refusal.
With negotiation and withdrawal off the cards, we are left with 2 main options, and these are what we would typically recommend to our clients (though we always try the negotiation route first!).
3. Resubmission
Depending on the reasons for refusal, you might choose to revise your application to address the identified issues. The LPA’s refusal letter will detail these reasons and relevant planning policies. This information is crucial for crafting a stronger application with a higher chance of success.
If the application has the potential to still be contentious, you may wish to first submit a pre-application to gain advice based on your revised design.
4. Appeal
If negotiations fail and you disagree with the refusal, you have the right to appeal the LPA’s decision within a specific timeframe (typically 3 months). This involves submitting a formal appeal and potentially attending a hearing.
Important: Appealing can be a lengthy and expensive process, so take professional guidance and carefully consider the viability before going down this route.
Professional Guidance
Facing a potential planning refusal can be stressful. At Rowett Architecture, we have experience in navigating the planning system, which can be invaluable to you. We can:
- Analyse the reasons for refusal: Help you to understand the specific concerns of the planning authority.
- Advise on the best course of action: Whether it’s negotiation, appeal, or revision and resubmission, we’ll guide you towards the most effective path.
- Increase your chances of success: Our team can assist with creating compelling arguments, gathering supporting evidence, and ensuring your appeal or revised application is strong.
Remember: Don’t lose hope! A potential planning refusal isn’t a dead end. With the right approach and expert guidance, you can still achieve your vision.
Don’t let a planning hurdle stop your project. Contact Rowett Architecture today for a free consultation. We’ll guide you through the process and help to ensure that your vision becomes a reality.
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