What Happens When Planning Is Refused?
When a planning application is refused, the local planning authority issues a formal decision notice that must set out the reasons for refusal. These reasons must be specific — referring to the relevant planning policy and explaining why the proposal conflicts with it.
Understanding the reasons is the first step in deciding what to do next.
Reading the Reasons for Refusal
Typical refusal reasons for residential extensions in London include:
- Design: The proposal is out of character with the host building or the street
- Scale: The proposal is too large, or causes unacceptable harm to the amenity of neighbouring properties
- Overlooking: The proposal would result in unacceptable overlooking of neighbouring gardens or windows
- Daylight and sunlight: The proposal would cause unacceptable harm to the daylight or sunlight available to neighbouring properties
- Conservation Area character: The proposal would cause harm to the character of the Conservation Area
- Policy compliance: The proposal fails to meet the criteria of a specific planning policy
Each reason is an opportunity for redesign or challenge.
Option 1: Redesign and Resubmit
The most common response to a planning refusal is to redesign the proposal to address the reasons for refusal and submit a new application.
Advantages:
- No time limit (you can take as long as needed)
- New application — no prejudice from the refusal
- Pre-application advice can be sought again to test whether the revised scheme would be acceptable
Disadvantages:
- Additional application fees apply (though a resubmission within 12 months of a refusal may qualify for a free resubmission in some cases — check with the authority)
- Takes time
If the refusal reasons are clear and addressable through design changes, resubmission is often the most efficient path.
Option 2: Appeal to the Planning Inspectorate
If you believe the planning authority made an error — either in applying planning policy or in weighing the material considerations — you can appeal to the Planning Inspectorate.
Time Limits for Appeal
For householder applications (extensions and alterations to existing dwellings): 12 weeks from the date of refusal.
For other applications: 6 months from the date of refusal.
Missing the appeal deadline is fatal — there is no extension.
How Appeals Work
Most householder planning appeals are determined by written representations — both sides submit written statements, the Inspector visits the site, and a decision is issued. Hearings or public inquiries are rare for residential extensions.
The process typically takes 20–26 weeks from submission to decision.
What the Inspector Considers
The Inspector applies national and local planning policy, just as the planning authority did. They are not bound by the planning authority's interpretation but must apply the same policy framework.
Grounds for winning an appeal include:
- The planning authority misapplied policy
- The harm identified in the refusal is not substantiated by evidence
- The material considerations weigh in favour of the proposal
- A similar application elsewhere in the borough was approved in comparable circumstances
Appeal Statistics
In London, approximately 35–45% of householder planning appeals are allowed. The probability varies significantly by reason for refusal — some reasons are more defensible than others.
Costs
Planning appeal costs are generally borne by each party (no costs awarded except in cases of unreasonable behaviour). A planning consultant or architect experienced in appeals will typically charge £1,500–£4,000 to prepare and submit a householder appeal.
Option 3: Lawful Development Certificate
If the works are capable of being carried out as permitted development (without planning permission), an LDC application is a separate route that does not depend on the planning authority's policy interpretation — only on whether the proposal meets the technical PD criteria.
An LDC is not an appeal — it is a separate application asserting that planning permission is not required at all.
Option 4: Accept the Refusal and Move On
If the scheme is genuinely contrary to policy and cannot practically be redesigned, accepting the refusal and pursuing a different scope of works (a smaller extension, a different layout) may be the most cost-effective outcome.
The Planning History Effect
A refusal creates a permanent record on the property's planning history. This is visible to anyone who searches the local authority's planning portal — including future buyers and their solicitors. Where the refusal was for a scheme that could practically have been approved with minor modifications, resolving the planning position (by appeal or resubmission) before selling is advisable.
RCB Design & Build
RCB supports clients through planning appeals and resubmissions, working with experienced planning consultants and architects. We review refusal reasons, advise on the most appropriate response strategy, and coordinate redesign where required.