Persistence in planning – it takes time to get what you want
Planning is not a single decision. It is often a process.
Many clients approach planning as though there is a right answer which the council will either accept or reject. In reality, it is rarely that simple. Proposals often evolve over time, sometimes through more than one application or appeal.
A refusal is not necessarily the end of the road.
It often takes more than one attempt
It is not unusual for a scheme to be refused initially, particularly where it pushes the boundaries of what the council is comfortable with.
In those cases, the first application or appeal can be useful in identifying the council’s concerns. Those concerns can then be addressed in a revised proposal.
Sometimes this involves scaling back the development slightly. In other cases, it involves more targeted changes. Either way, the process helps to narrow down the issues.
We regularly act for clients in this position. In one recent case in Spelthorne, a client had already been refused planning permission and had also lost an earlier appeal. We reviewed the inspector’s decision carefully, revised the scheme to address the concerns that had been identified, and submitted a further appeal.
This time, the appeal was allowed and planning permission was granted.
Planning decisions are not always consistent
Planning decisions involve judgement. Policies provide a framework, but they do not produce a single inevitable outcome.
A scheme that is refused at one stage may be accepted at another. A revised proposal, making relatively modest changes, may succeed where the original failed.
For that reason, a refusal should not always be taken as a final answer.
Using fallback positions
In some cases, it is sensible to pursue a fallback position alongside, or instead of, a more ambitious proposal.
This might involve relying on permitted development rights, submitting a more modest scheme that is likely to be approved, or securing a lawful development certificate.
These fallback positions can be valuable in their own right. They can also strengthen a future application or appeal by establishing what could be built in any event.
A note of caution
There is one point to be careful about when pursuing more than one route.
If you are relying on permitted development rights for one element of a scheme and planning permission for another, you need to consider how those elements fit together. It is not generally possible to build partly under permitted development and partly under planning permission where the two form a single combined structure.
This is a common issue, particularly where roof extensions and rear extensions are implemented together.
Starting with something more modest
Clients will sometimes ask whether they should apply for exactly what they want at the outset.
In some cases, that is the right approach. In others, it may be more effective to start with a slightly more modest proposal that is likely to be approved, and then build on that position.
A permission that has already been granted can make it easier to argue for further changes.
Appeals are part of the process
Appeals are not exceptional. They are a normal part of the planning system.
If a proposal is refused, an appeal allows the case to be considered independently. Even where an appeal is unsuccessful, the inspector’s decision can be useful in understanding what changes are needed.
Don’t reapply for the sake of reapplying
Persistence does not mean pursuing the same proposal repeatedly without change.
Each application or appeal should respond to what has come before. That may involve revisions to the design, additional supporting material, or a different strategy altogether.
Handled properly, the process becomes more focused over time.
Getting advice
Planning can be a frustrating process, particularly where time and money have already been invested.
In many cases, however, a refusal is simply one stage in a longer process. With the right approach, it is often possible to reach a position that is acceptable.
If you have had an application refused, it is usually worth taking advice before deciding what to do next.
