5 Expert Tips for Appealing Against Your Planning Refusal
Planning Permission Refused? Here’s What to Do Next
Having your planning application refused can be frustrating, but it doesn’t have to be the end of the road. With the right approach, you can challenge the decision and improve your chances of success. Navigating the appeal process correctly can make a big difference. This guide will share 5 Expert Tips for Appealing Against Your Planning Refusal to help you understand the process and get your project back on track.
1. Understand Why Your Application Was Refused
Before you take any further steps, the first and most important thing to do is understand the reasons behind the refusal. Carefully read the decision notice from your local planning authority (LPA). This document will outline the reasons your application was rejected, which could include:
Design issues
Your plans may not blend well with the local area’s character or aesthetic.
Negative impact
There may be concerns regarding the development's effects on neighbours, the environment, or local infrastructure.
Non-compliance
Your application might not align with local development plans or zoning regulations.
Additionally, make sure to read the planner’s report (if available), as it provides a more detailed explanation of the refusal. This will give you valuable insight into the key issues that led to the rejection. If you believe that the refusal was based on misunderstanding or overlooked details, consider whether minor changes to your proposal could address the concerns. Sometimes, revising your application can be a quicker and more straightforward route than a formal appeal.
2. Get Professional Advice
Planning appeals can be complex, and navigating them without professional advice can be challenging. Seeking help from a planning consultant, architect, or solicitor can provide significant advantages. They can:
Review your case
They’ll evaluate whether an appeal is the right course of action and assess the merits of your case.
Advise on strategy
They’ll help you respond effectively to the refusal, focusing on the key points that will strengthen your argument.
Support with expert evidence
Expert consultants can provide technical reports or studies to support your case, increasing your chances of success.
Though professional help comes at a cost, it can be a wise investment, especially when dealing with complex cases or refusals. An experienced professional can offer you the expertise and knowledge needed to improve your appeal’s chances.
3. Consider Making Changes Instead
Before jumping straight into a formal appeal, consider if you can tweak your plans to fix the issues raised by the planning authority. In many cases, minor adjustments to your proposal can resolve the concerns without needing an appeal. This might include:
Revising the design
Small design changes can sometimes address aesthetic concerns or make the project fit better within the local area.
Reducing the size or scale
If your application was rejected due to the scale of the development, reducing its size or scope could bring it into compliance.
Providing more information
Sometimes, simply providing additional reports or clarifications can resolve issues related to environmental impact, drainage, or traffic.
A conversation with the planning officer may help you identify possible modifications that could lead to approval. This approach is typically quicker, less costly, and less stressful than going through a formal appeal process.
4. Build a Strong Appeal
If you choose to proceed with an appeal, it’s essential that your submission is well-prepared and supported by strong evidence. Your appeal should:
Clearly state why your proposal should be approved:
Explain in detail why your plans align with local development objectives and national planning policies.
Provide supporting documentation
Include expert reports, case studies, or technical evidence that demonstrate your project complies with all relevant regulations and guidelines.
Show how the project benefits the area
If possible, highlight the positive aspects of your development, such as job creation, sustainability features, or the improvement of local infrastructure.
A strong, well-structured appeal has a much higher chance of success than one that’s hastily put together or lacks proper evidence. Remember, An Bord Pleanála evaluates the appeal based on planning law, policy, and merit, so it’s crucial to present a convincing case.
5. Meet Deadlines and Follow Procedures
In Ireland, planning appeals are handled by An Bord Pleanála, and strict deadlines apply. You must submit your appeal within 4 weeks of the planning authority’s decision date. Failing to meet this deadline could result in your appeal being automatically rejected.
When submitting your appeal, ensure you include:
- A completed appeal form
- The decision notice from the local planning authority
- A detailed statement of why you believe the decision was incorrect
- Supporting documents such as expert reports, revised plans, or additional information requested by the LPA
It’s crucial to follow all procedures to avoid delays or rejection. Missing documents or submitting an incomplete application could lead to your appeal being dismissed outright.
When Should You Appeal?
You can appeal if:
- Your planning application has been refused.
- You disagree with conditions attached to an approval.
- The local authority failed to issue a decision within the statutory timeframe (8 weeks).
Most appeals in Ireland are decided through a written procedure, though more complex cases may involve an oral hearing, where you can present your case in person.
What Happens if Your Appeal Is Rejected?
If your appeal is unsuccessful, you still have a few options:
Judicial Review
If you believe the decision-making process was flawed, you can challenge the appeal decision in the High Court.
Reapplying with Modifications
You can submit a revised application that addresses the issues raised in the refusal, which might have a better chance of success.
Conclusion
A planning refusal doesn’t have to be the end of your project. By carefully reviewing the reasons for refusal, considering small changes, getting professional advice, and following the correct appeal procedures, you can significantly improve your chances of success.
By following these 5 Expert Tips for Appealing Against Your Planning Refusal, you’ll be better equipped to navigate the process with confidence and patience, and ultimately secure the planning permission you need for your project.
