Respond to planning refusal

Understand the reasons for refusal

Your decision notice will list the specific reasons your application was refused. These typically fall into categories:

Policy-based reasons

• Conflict with Local Plan policies (housing, employment, green belt, etc.)
• Conflict with national policy (NPPF)
• Principle of development unacceptable in this location

Response: Harder to overcome. You'd need to demonstrate the policy interpretation is wrong, or that material considerations outweigh policy conflict.

Design and amenity reasons

• Scale, height, massing inappropriate for the area
• Design doesn't respect local character
• Harm to neighbouring amenity (overlooking, overshadowing, noise)

Response: Often addressable through design amendments. Reduce height, reposition windows, adjust layout.

Technical reasons

• Highway safety concerns
• Inadequate parking provision
• Flood risk not addressed
• Ecological impacts not mitigated
• Insufficient supporting information

Response: Usually addressable through additional information or technical design changes.

Your options

Option 1: Amend and resubmit

Best when: Reasons are design-related or technical, and you can address them with reasonable changes.

Process:

• Analyse each reason for refusal
• Design amendments that address each concern
• Consider pre-application advice on the revised scheme
• Submit a new application with a covering letter explaining how you've addressed each reason

Fee: A resubmission pays the full application fee. The 'free go' (free resubmission within 12 months for the same site and description) was abolished in England from 6 December 2023.

Option 2: Negotiate and resubmit

Best when: The reasons suggest there might be an acceptable scheme, but you need to understand what the LPA would support.

Process:

• Request a meeting with the planning officer
• Discuss what changes would address their concerns
• Consider whether their suggestions are commercially viable
• Submit a revised scheme following their guidance

Option 3: Appeal

Best when: You believe the decision was wrong and you have strong grounds to challenge it.

Process:

• Submit appeal to Planning Inspectorate within deadline (6 months, or 12 weeks for householder)
• Prepare your case addressing each reason for refusal
• Await inspector's decision (typically 3-6 months for written appeals)

See also: Make a planning appeal

Option 4: Walk away

Best when: The reasons for refusal are fundamental and unlikely to be overcome, or the scheme is no longer commercially viable.

Considerations:

• Can you recover your costs or exit the land deal?
• Would resources be better spent on a different site?
• Is there a very long-term prospect (waiting for policy review)?

Making the decision

Questions to ask yourself

• Are the reasons fundamental or fixable? Policy conflict is harder to overcome than design concerns.
• What would amendments cost? Significant redesign might erode viability.
• What's the likely outcome? Get professional advice on your chances of success.
• What's the time cost? Resubmission takes 8-13 weeks; appeal takes 3-6 months minimum.
• What's the relationship cost? Contentious appeals can affect your relationship with the LPA for future applications.

When to get professional help

Consider engaging a planning consultant if:

• The refusal involves complex policy arguments
• You're considering appeal
• The scheme represents significant investment
• You need an objective assessment of your options

Step-by-step: Responding to refusal