Planning permission refused: what can you do next?

Start with the reasons

The decision notice must state "clearly and precisely" the full reasons for refusal and the policies they rely on (article 35(1)(b) of the Development Management Procedure Order 2015). The officer's report, where the council publishes it, explains them. Sort each reason into one of three kinds:

1. Information missing, such as no daylight assessment or no tree survey. Usually fixed by a new application with the information.
2. Design detail: too deep, too high, too close to a neighbour's window, wrong materials. Often fixed by a revised design, sometimes after pre-application advice.
3. Principle: the council's policy does not allow this kind of development here. Only an appeal, or a different project, answers that.

The Planning Inspectorate's own guidance puts it plainly: if amending the application would overcome the reasons for refusal, make a new application. Appeal "only as the last resort".

The three routes compared

Appeal deadlines

(2) The time limit mentioned in paragraph (1) is: (a) in the case of a householder or minor commercial appeal, other than a type A or a type B appeal, 12 weeks from the date of the notice of the decision or determination giving rise to the appeal;

Only the person who made the application can appeal. If you do not own all of the land, you must notify the owners in the 21 days before you appeal. Late appeals can be refused (article 37(5)).

How a householder appeal is decided now

For applications made on or after 1 April 2026, appeals against a refusal under section 78(1) follow the "part 1" written representations procedure, unless the Planning Inspectorate moves them to another procedure. The Planning Inspectorate's guide says:

• the appellant cannot submit new evidence not already seen by the council, unless circumstances have materially changed;
• the reasons on the appeal form must answer the refusal using the evidence already submitted;
• the council's case is its decision notice, officer report and any committee minutes;
• people who commented on the application cannot comment again, but their earlier comments go to the Inspector;
• the Inspector, or a representative, usually visits the site, and nobody may discuss the case there.

The practical consequence is that the appeal is decided on the application you made. If the refusal was for missing information, a new application with that information is usually the better route.

Costs

All parties are expected to meet their own appeal expenses. Costs can be awarded against a party whose unreasonable behaviour caused another to incur expense that would not otherwise have been necessary, on an application by a party or at the Inspector's initiative. That works both ways: the guide warns that an appellant who submits new evidence that should have been in the application may face an award.

After the appeal decision

If you think the decision is legally wrong, there is a statutory right to challenge it in the High Court. You must first apply for permission, within 6 weeks beginning with the day after the date of the decision.

What this means for you

Read the reasons and the officer's report before choosing a route. If you appeal, lodge well inside the 12 weeks. If you reapply, change what the reasons point to and add what was missing. The planning permission route finder can show whether a smaller scheme would avoid an application altogether.