Can a council refuse to accept a planning application?

Councils have had the power, in their discretion, to refuse to register a repeat planning application where a similar proposal has previously been refused planning permission either by itself or on appeal. A recent High Court case has produced useful guidance on the proper approach by councils to this situation.

What happens if a planning application is refused?

If your application has been refused, you may be able to submit another application with modified plans free of charge within 12 months of the decision on your first application. Discuss this with your local authority.

Why are planning applications refused?

Planning permission can be denied if your build is guilty of these offenses: Your build overshadows a neighbour, causing loss of light. Your build overlooks other homes, causing loss of privacy. Your builds appearance is out of character with the existing property.

What can stop planning permission?

Can a local authority revoke a planning permission?

They all allow councils to revoke or modify a planning consent “to such extent as they consider expedient” with regard to the Development Plan and other material considerations. The powers can only be used before the development, or the change of use given permission for, is complete.

What to Do When a Planning Application Is Refused | Planning Application Appeal | Formed Architects

Can planning permission be taken away?

If a planning permission has been granted, whether on appeal by the Secretary of State or by an appointed person, or on an application for planning permission by a local planning authority, there is no power to “withdraw” that planning permission on the basis that there has been an administrative error at some stage in ...

What is the 4 year rule?

The '4 Year Rule' allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — rather than compliance with space standards — and can continue without the need for planning permission.

How many objections are needed to stop a planning application?

Likewise petitions may be null and void if they are badly constructed. However, generally speaking 5 - 10 good objections are often enough to get an application 'called in' to a committee meeting for councillors to decide (although this does differ between local authorities).

How often is planning permission refused?

More than one in four (27%) homeowners say planning permission issues are a stumbling block to progressing with renovation plans. Therefore, it can be extremely frustrating if your planning application is refused. However, this does not always mean the end of the road for your project. You have a number of options.

What are valid reasons to object to planning applications?

How often are planning appeals successful?

On average only about one appeal in three is successful, according to the Planning Inspectorate's records. This rate has remained broadly constant over many years. Appellants should be confident at the time they make their appeal that they are able to make their full case.

What are the chances of getting planning permission?

The survey by Everest reveals that 34% amount of people who have recently applied for planning permission, found the process to get started pretty tough. 32% waited at least three months before their application was approved and 25% of those denied, applied three or more times.

Can a Neighbour object to planning?

Neighbour objections during the planning process:

If planning permission is required – where your extension plans fall outside permitted development rules, or you don't benefit from permitted development rights – your neighbour can submit a formal objection to your proposals.

How do you fight planning applications?

To object, write to the Planning Department of your local authority and quote the planning application number. There will often be a comments section on the local authority's website where you can do this, otherwise post or email is fine.

Can a refused planning application be resubmitted?

If your planning application is refused, you have four options. Your first option is to resubmit a tweaked plan under the free go mechanism. A free go is where the planning office will allow for an application to be resubmitted with changes upon issuing a refusal or just before they issue a refusal.

What happens if retrospective planning permission is refused?

If the retrospective application is refused, the local authority can issue an enforcement notice which requires you to put things back as they were.

What is the 45 degree rule?

​ The 45-degree rule is assessed on both plan and elevation. An extension should not exceed a line taken at 45 degrees from the centre of the nearest ground floor window of a habitable room in an adjoining property.

Can you reapply for planning permission?

By law, any planning permission granted expires after a certain period. Generally, unless your permission says otherwise, you have three years from the date it's granted to begin the development. If you haven't started work by then, you will probably need to reapply.

Can you start building while waiting for planning permission?

Be warned - if you develop a listed building without prior permission, it is a criminal offence and you can be prosecuted with unlimited fines and even jail. The best advice is to allow for a realistic timescale.

What is overshadowing in planning?

The overshadowing assessment calculates the impact the proposed development will have on neighbouring private and public amenity spaces, such as gardens, parks and play areas.

Can you object to planning permission after it has been granted?

Therefore, if you have concerns about a planning application and permission is granted, you cannot appeal that decision. However, you can challenge the lawfulness of a decision via Judicial Review.

Can windows overlook Neighbours?

Ideally side windows that overlook adjacent homes or gardens should be avoided. However, in some instances a side window to a secondary room, (e.g. hall, bathroom, store room), may be acceptable if there is more than 2m between the properties and obscure glazing is used.

How far back can planning permission be enforced?

Enforcement action must be taken within 4 years in relation to the erection of buildings, and within 10 years in relation to changes of use (unless it relates to the change of use to a dwelling), and breaches of conditions. There is no time limit for the enforcement of breaches of listed building legislation.

Is there a time limit on planning permission?

Normally, planning permission is valid for three years from the time the local planning authority grants it. There are exceptions, but they are rare and, if your case is one of them, it should say so clearly in your letter of approval.

Can planning be enforced after 4 years?

Breach of planning – the 4 and 10 year rules

Material change of use of a building – in the case of the change of use of a building to a use as a single dwelling house, enforcement action must be taken within four years beginning with the date of the breach of planning control.