Planning Refusals, Appeals and Conditions

Planning Refusals

If your planning application is refused and you think that the proposal could be altered to make it more acceptable it can be submitted again with different plans. In certain circumstances another application fee may not be needed if the proposal is of a similar nature.  If you intend to submit another application, you should discuss this with the case officer. The alternative is to appeal against the refusal by contacting the Planning Inspectorate and obtaining the necessary forms. Further information on lodging an appeal can be found on the Planning Inspectorate's website.

Planning Permission Conditions

Some planning permissions will be granted subject to a condition or conditions that you have to agree certain matters (e.g. building materials) with the Council before the scheme is started. This agreement must be made in writing and you should contact the Council as soon as possible and certainly before any work starts. Please note there will be a fee due to discharge conditions as detailed in the planning fees table (50Kb pdf).

Fees for Extension to Time Limit and Non-material Change applications came into force on Friday 26 February 2010.

If you do not agree with Conditions attached to a Planning Permission, you could make another application to try and get planning permission without such conditions; however the Council will have put the conditions on for a good reason and the alternative to an unconditioned permission is likely to be a refusal of permission.

Unless circumstances have changed since the planning permission was granted it is likely that the conditions will have to remain. You should discuss this with the case officer. The alternative is to appeal against the conditions by contacting the Planning Inspectorate's website.

The Appeals System

If you think we have made the wrong decision on your application, or if you have not been given a decision within 8 weeks (for householder or minor applications), you can ask the Secretary of State to consider your case.

The Inspector will consider the proposal from scratch, looking at the same matters as the Council. It is the Inspector's job to ensure that all relevant matters have been properly taken into account.

When Can I Appeal?

You can appeal to the Secretary of State if the Council has:

• refused your application for planning permission
• given permission but with conditions which you feel are unreasonable
• refused to approve the details of a scheme which has already been given outline permission
• approved the details of such a scheme but with conditions which you feel are unreasonable
• refused your proposal to meet a condition
• taken longer than 8 weeks (for householder or minor applications), to decide your application and have not told you that your application is being rejected because it is repetitive

The Planning Inspectorate must receive your appeal within 6 months of the date of the Council's decision (12 weeks in the case of a Householder application refusal – see Householder Appeal Service below). If there was no decision, you must send your appeal to arrive within 6 months of the end of the period when the decision should have been sent. In the case of advertisements, or works to protected trees, this time limit is reduced to 8 weeks.

You can get the forms from the Inspectorate's Office at the address below, or download them from the Planning Inspectorate's website.

THE PLANNING INSPECTORATE

Registry/Scanning

Room3/05 Kite Wing
Temple Quay House
2 The Square
Temple Square
BRISTOL
BS1 6PN

We will notify those likely to be affected by the development, all those who commented on the original proposal and all other interested parties.

How will my appeal be handled? 

Four out of five appeals are dealt with by written representations. Your appeal is decided on the basis of written statements from you, the Council and any other third party interests. The Inspector will visit the site.

If you or the Council wish to be heard by an Inspector, a Public Local Inquiry or an Informal Hearing will take place. A hearing is more relaxed and usually involves an open discussion led by the Inspector following written submissions. A Public Local Inquiry involves legal procedural rules, but you have the right to speak directly to the Inspector and challenge the evidence put forward by the Council. The Inspector will visit the site.

The Appeals Decision

The decision will describe the proposals, identify the important planning issues and examine the main arguments for and against the proposal. It will then explain why the Inspector has reached the decision.

Householder Appeals Service

There is now a specific Householder Appeals Service which is used for all Householder planning applications received on or after 6 April 2009.  Under this process, an appeal against refusal of permission is to be dealt with in a faster, more streamlined way. Please note that process does not cover appeals against conditions imposed on a granted permission nor appeals against failure of the planning authority to determine the application within 8 weeks.

Definition of a Householder Application and details of the Service can be found here http://www.planningportal.gov.uk/england/genpub/en/1115315251176.html

The Planning Inspectorate website provides more information on the Appeals procedures.http://www.planning-inspectorate.gov.uk/pins/21st_century/lpa_information.html

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