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Appeal on a Planning Refusal for Home and House Extension

Should you experience a Planning refusal, then you have to consider two aspects for your next stage of your home extension scheme. Can you amend the house extension design to accommodate the negative planning issues (recommended) or is the compromise required so much of a deviation that you cannot accept the Councils interpretation of your home extension design and you wish to challenge the Councils Decision through the Planning Inspectorate using your right of appeal to a higher authority?

What is known is that which ever route you choose, it will add considerable time to your design lead in period before you can start the works on site.

Our advise is usually to always secure a compromised or amended design through negotiation with the Case Planning Officer and resubmit the scheme using your one free go through planning within 12 months of refusal.

You can always appeal the original scheme if you are not receiving positive feedback from the Planning Officer for the amended scheme or even after planning approval has been received for the second design scheme provided you are still within the 12 week time period.

If your application has been refused you have a right to appeal to the Planning Inspectorate. You must make your appeal within the correct time period from the date of refusal.

  Appeal Time Period
Full Planning Application 6 Months*
Listed Building Consent Application 6 Months*
Conservation Area Consent Application 6 Months*
Certificate of Lawfulness Unlimited
Advertisement Consent Application 8 Weeks
Householder Application 12 Weeks*

* Where an enforcement notice has been issued the appeal period may be significantly reduced:

  • if the development in your application is the same or substantially the same as development that is currently the subject of an enforcement notice, then you must appeal within 28 days of the date of the application decision
  • If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against the local planning authority’s decision on your application, then you must do so within:
    - 28 days of the date of service of the enforcement notice,
    - or within six months (12 weeks in the case of a householder appeal) of the date of application decision, whichever period expires earlier.

Appeal forms and information booklets explaining how to appeal are available from the Planning Portal.

Tactics of Appealing to the Planning Inspectorate.

There will be times when a home extension scheme will be refused Planning Permission. Fortunately, our experience is now at a point when we can normally forecast these schemes & steer the client away from that design solution.

Clients that wish to pursue these contentious house extension schemes are at least forewarned of the likely outcome so that we can formulate a 'plan of attack' for the next phase of the extension or development. Many clients seem to want to drive head first to the Appeal route directly after refusal - IN MOST CASES THIS IS NOT A WISE DECISION AND IT CAN AFFECT THE FUTURE DEVELOPMENT VIABILITY OF YOUR SITE.

Now many of us 'Agents' have varying views on this mainly because many Agents specialise in appeal work and it amounts for a large proportion of their fees - these agents would have you appealing your home extension at the drop of a hat. I can only speak from my own experiences and planning appeal results. It should always be remembered that the national average on appeal success is still only around 30%In other words the odds of winning are always against you to begin with.

Without doubt, most house extension and development schemes can be adjusted or redesigned in some way to overcome the reasons for refusal. Many clients are blinded by this fact and see their current proposal (now refused) as an 'all or nothing' type of scheme. Most Design Agents will be able to come up with an amended scheme that will get around the main refusal reason(s) and this is were they often score over the DIY householder submitting their own schemes. Yes you will have to accept that the fourth new bedroom has a bit less space or the second ensuite has to be omitted or the lowered roof line looks a little odd etc..etc....BUT, HALF A LOAF IS BETTER THAN NO LOAF as the saying goes. Now, this new approval for an amended home extension scheme has several tactical advantages - let me explain.

Firstly, The site benefits from an approval. From a marketing point of view you have not left a big question mark over extending the property or developing the site. Remember, future purchasers of your property may also want to extend or develop in that identified area so why leave it in a negative state that often means not getting proper market value.

Secondly, once a client has obtained an approval, its amazing how quick they realise how close they came to 'cutting off their nose to spite their face' and the scheme isn't that bad after all - so the house extension gets built - everyone's happy.

Thirdly, if the client really finds that the amended scheme is not for them then at least it sets a positive framework for the Planning appeal. This is because most elements of the original refused home extension scheme are now likely to have been approved in the new revised scheme. This now focuses the reasons for reasons for refusal upon the 'extra' element that the original scheme had. Its like having the Appeal Inspector only having to approve the remaining 10% and his question that he has to resolve is does this extra 10% justify withholding Planning Permission? It is my opinion that the refused scheme has a better chance of being overturned at appeal when there is already an approval in place for a similar scheme.

Going to appeal without some sort of current approval in place via a negotiated scheme for a house extension with the Planners could have a detrimental effect on your chances at appeal.

There are some real do's & don'ts that must be implemented. There can be some serious consequences if your appeal fails that you must be made aware of before embarking on the Planning Appeal route for your home extension scheme.

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