What to Do When a Planning Permission Decision Goes Against You

Receiving a planning permission refusal from a local planning authority can feel like the end of the road, but it is not necessarily so. There are legal routes available to challenge a refusal, and understanding which route is appropriate for your situation, and when to take it, is the key to making an informed decision about how to proceed.

The appeal route to the Planning Inspectorate

Where a planning application is refused by the local planning authority, or where conditions are imposed that are unacceptable, the most common route of challenge is an appeal to the Planning Inspectorate. Appeals must be made within six months of the date of the decision, or within twelve weeks in the case of householder applications. These time limits are strict and missing them means losing the right to appeal that particular decision.

Planning appeals can be conducted by written representations, a hearing, or a full public inquiry, depending on the complexity of the case. The Planning Inspectorate appoints an inspector who reviews the case independently and can allow the appeal, dismiss it, or substitute a different decision.

Challenging a decision in the courts

In certain circumstances, a planning decision can be challenged in the courts rather than through the Planning Inspectorate. A statutory review under section 288 of the Town and Country Planning Act 1990 is available to challenge an appeal decision made by an inspector. This type of challenge is available only on legal grounds, meaning that errors of law in the decision can be challenged but matters of planning judgment cannot.

Judicial review is available to challenge the decisions of local planning authorities where there has been a legal error in the decision-making process. Time limits for judicial review in planning matters are short, typically six weeks from the date of the decision. Acting promptly is essential.

Our public law barristers can advise on whether a legal challenge to a planning decision is available in your circumstances.

Grounds for legal challenge

Legal challenges to planning decisions can be based on a range of grounds. These include a failure by the decision-maker to take into account relevant considerations, a failure to give adequate reasons for the decision, a breach of procedural requirements, an error in the interpretation of planning policy, and in some cases unlawful bias or predetermination by the decision-maker.

Not every unfavourable planning decision contains a legal error. The courts are clear that they review the legality of a decision, not its merits. If the decision was reached through a fair process and for lawful reasons, a legal challenge is unlikely to succeed regardless of whether you disagree with the outcome.

Reapplying with amendments

An alternative to challenging a refusal is to amend the application and reapply. Where the reasons for refusal identify specific concerns that can be addressed through changes to the proposed development, a revised application may be more likely to succeed than a challenge to the original decision.

Pre-application discussions with the local planning authority can be helpful in establishing what amendments might be needed. In some cases, a barrister can advise on the legal and procedural aspects of the planning process alongside specialist planning consultants.

Acting early to protect your options

The most important message where a planning refusal has been received is to take advice quickly. The time limits for appeals and legal challenges are unforgiving, and missing them means losing options that may not be recoverable. Understanding what routes are available and their relative merits is the starting point for any decision about how to proceed.

A direct access barrister can give you a clearer picture of where you stand. Contact us to discuss your situation.