My Planning Application Was Refused — What Can I Do?
Your planning application has been refused by the local planning authority. You can appeal to the Planning Inspectorate or submit a revised application. This guide explains your options.
Quick Answer
If your planning application is refused, you can appeal to the Planning Inspectorate under section 78 of the Town and Country Planning Act 1990. The appeal must be submitted within 6 months of the refusal notice (or 12 weeks for householder appeals). Appeals are free. Alternatively, you can amend the application and resubmit (often free within 12 months of the original refusal). Judicial review of refusal decisions is also possible but is a last resort.
Full Explanation
A planning refusal must include written reasons. The local planning authority (LPA) decides applications by reference to the development plan (the local plan and any neighbourhood plan) and any material considerations. If the decision conflicts with the development plan and no material consideration justifies departure from it, the refusal may be challengeable on appeal.
Section 78 of the Town and Country Planning Act 1990 gives the applicant a statutory right to appeal against a refusal of planning permission (or a grant subject to conditions the applicant finds unacceptable, or a failure to determine the application within the prescribed period — currently 8 weeks for most applications, or 13 weeks for major applications). Appeals are made to the Planning Inspectorate and are free.
There are three main appeal procedures: (1) Written representations — the most common, suitable for straightforward cases; parties exchange written statements and the Inspector visits the site. (2) Hearing — an informal meeting between the Inspector and parties; suitable for moderately complex cases. (3) Public inquiry — a formal, court-like procedure with witnesses and cross-examination; used in complex or high-value cases, usually involving a planning consultant or barrister. Most householder appeals use the written representations procedure and are decided without a hearing.
The Planning Inspectorate's remit is to consider the planning merits afresh — they are not reviewing the LPA's decision for legality (that is judicial review). The Inspector applies the same development plan and material considerations the LPA should have applied. National planning policy (in England, the National Planning Policy Framework — NPPF) is a key material consideration.
Alternatively, many LPAs allow free resubmission within 12 months of a refusal, with a single opportunity to amend and resubmit without a fee. Before appealing, consider whether modest changes to the proposal could address the LPA's concerns — pre-application advice from the LPA's planning officer is valuable and sometimes free.
Legal Basis
- §Town and Country Planning Act 1990, sections 77–79 (appeals)
- §Town and Country Planning (Development Management Procedure) (England) Order 2015
- §National Planning Policy Framework (NPPF, last revised 2024)
- §Planning and Compulsory Purchase Act 2004 (development plan)
What To Do
Review the Refusal Reasons Carefully
Read the refusal notice and the LPA's officer report (usually published on the LPA's planning portal). Identify the specific policies cited and the reasons given. Are the reasons based on development plan policy? Is there recent appeal precedent or a comparable approval nearby? This analysis determines whether an appeal or a revised application is the better route.
Consider Pre-Application Discussion
Contact the LPA's planning officer and ask whether amendments to the application could address the reasons for refusal. Many LPAs offer pre-application advice (sometimes free for minor applications). Understanding what changes the LPA would find acceptable can save the time and cost of an appeal.
Decide Between an Appeal and a Revised Application
An appeal is appropriate where the refusal reasons are wrong on policy grounds or where you disagree with the LPA's interpretation of the development plan. A revised application is appropriate where the LPA's concerns are valid but can be addressed by design changes. You can submit a revised application free within 12 months of the original refusal (for identical or closely related development in England).
Submit an Appeal to the Planning Inspectorate
Appeals are submitted online via the Planning Inspectorate's Appeals Casework Portal. You will need: the original application reference, the refusal notice, a statement of grounds of appeal (your case, with reference to the development plan and NPPF), and supporting documents (plans, photographs, expert reports). Householder and minor appeals use the written representations procedure by default.
Attend or Submit Representations at the Appeal
For a written representations appeal, submit your appeal statement within the deadline set by the Inspector. For a hearing or inquiry, prepare your case carefully — consider instructing a planning consultant or planning barrister for complex or high-value cases. The Inspector will visit the site and issue a decision letter (usually within 8–20 weeks depending on the procedure).
Important Deadlines
Important Warnings
The 6-month (or 12-week for householder appeals) deadline is strict — if you miss it, you lose your right of appeal and must reapply or seek judicial review.
Appeals are decided on planning merits — if the development plan is clear and your proposal conflicts with it, the appeal prospects are limited. Take professional planning advice before appealing.
Judicial review of a planning refusal is a separate and more limited remedy — it challenges the legality of the decision-making process, not the merits. It must be brought within 6 weeks of the decision.