Developing land that has previously been refused planning permission can be a complex process, but it is possible to succeed if the right approach is taken. It is possible to secure planning permission for a site that has previously been refused, but it may require some effort and planning. Here are some steps that you could take to increase your chances of success:
- Understand the reasons for the previous refusal: Before making a new planning application, it is important to understand why the previous application was refused. This information can be obtained from the local planning authority and should be carefully considered when developing a new proposal. Take a close look at the reasons why your planning application was refused, look at the Officer or Committee report to give you an understanding of why the Council refused the decision. This will help you to identify any weaknesses in your proposal and make changes to address the concerns of the planning authority. We’ve recently published an article How to overcome the top 10 reasons for refusing a planning permission which maybe useful to you.
- Assess the site: Before making a new application, it is important to assess the site and consider any changes that may have taken place since the previous refusal. This can include changes to the surrounding area, changes to planning policies and guidelines, and any new information that may impact the proposed development.
- Research the Local Planning Policy: It’s important to research your local planning policy, by understanding the policies it will give you an insight into the types of development that are likely to be approved in your area and provide an incite into reasons why the refusal was previously given. You can find this information on your local council’s website or by contacting the planning department.
- Engage with the Local Planning Authority: Engaging with the local planning authority and seeking their advice can be a valuable way to understand what changes may need to be made to the proposal to increase the chances of success. A pre-application enquiry can also help to identify any potential issues early on in the process. Our blog Make an Ally of your Planning Officer may help you.
- Explore alternative options: In some cases, it may be possible to develop the site by pursuing alternative options. This could be a form of development which doesn’t require any additional consent i.e. its permitted development or something which could be acceptable on the site which requires the resubmission of a planning application. We have produced a FREE eBook covering the basics of Permitted Development Rights.
In terms of an alternative permitted development scheme this could also be used as a legitimate Consider alternative options fallback position for another scheme. Take a look at our article Can a Fallback Position Help Secure Planning Permission. For an alternative development to be considered to have a high chance of occurring evidence can be submitted to confirm this. For instance, if a site has planning permission for a development which is less desirable this can be used as a realistic alternative. Or if a development could be built under permitted development rights, a Certificate of Lawfulness could be secured for a proposed development. However as established in the Mansell Court of Appeal case sometimes exercising common sense without evidence of a fallback position will suffice.
- Seek professional advice: Working with a town planner or planning consultant can be extremely beneficial in navigating the planning process and increasing the chances of success. A professional can provide expert advice, help prepare a robust planning application, help you to navigate the planning process and communicate effectively with the local planning authority.
- Submit a revised planning application: Once you have made the necessary changes to your proposal and addressed the concerns of the planning authority, you can submit a revised planning application. Be sure to include all relevant information and supporting documents, such as drawings and reports.
- Be prepared to appeal: If your revised planning application is refused again, you may need to consider appealing the decision. This can be a lengthy and expensive process, so it is important to weigh up the costs and benefits before deciding to appeal. Take a look at our Top 10 tips when considering appealing a planning refusal. Knowing your options should you find yourself in a situation where your planning application has been refused will allow you to make informed decisions on how to proceed. Take a look at our article Know your Options if your Planning Application is Refused.
Developing land that has previously been refused planning permission can be a complex process, but it is possible with the right approach. By understanding why your planning application was refused and exploring the options available, you may be able to obtain planning permission for your land or find an alternative use for it. Working with an experienced planning consultant can help you to develop a proposal that meets the requirements of the planning authority and increases your chances of success.
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For simple proposals you’re unlikely to need a Town Planning Consultant, however if this all seems confusing CONTACT US to see if we can help guide you through the process.
We have lots more information for you in our series of eBooks and Practical Guides which cover everything from the very basics of town planning to application processes and what developers need to consider.
Useful Resources:
The National Planning Policy Framework (NPPF)
The Royal Town Planning Institute (RTPI)
