3 - My planning application has been refused

If the local planning authority has refused your planning application then you now have three main options;

1. You can give up on the original idea and consider something else (see service 1 on main menu).

2. You can take on board the reasons for refusal and adapt your proposal to deal with those issues. This may not necessarily require revised plans but may just require the submission of further supporting information.

3. You can appeal against the decision either to the Local Review Body, or to the Department of Planning and Environmental Appeals (DPEA) (see option 4 on the main menu). This will depend upon whether the matter was refused by the planning officer or by the planning committee.

1. You may already have prepared an alternative strategy in the event that permission was not forthcoming or you may wish to carry out an assessment of what other use you could put the land to. Or you can wait for a period of time and resubmit the same proposal, possibly adapted, at a later time. I can assess the options and give you clear advice on these options.

2. You may wish to take on board the reasons for refusal given by the planning authority and make amendments to your planning proposal accordingly. This will need careful consideration of the issues and liaison with the relevant body/bodies within the planning organisation. These may be internal or external consultees. I can carry out the required assessment and liaise with the professionals who have expressed concerns about certain aspects of the proposal.

3. You may consider that the reason(s) for refusal were unreasonable and that planning permission ought to have been granted. In this case you can appeal against the decision. This will either be to the Local Review Body, or the the Scottish Government’s planning appeals division (The DPEA).

a. The Local Review Body is made up of local council members, usually the same as those that appear on the planning committee. An appeal would be submitted to the LRB in cases where the application was refused by the planning officer, under what is known as “delegated powers”. A submission will be made to the effect that planning permission should be granted and the case would present the reasons why. There will be a short presentation to the panel in a similar way as a planning committee hearing. There will also be a site visit prior to this. Appeals are to be submitted within 3 months of the decision date.

b. The Department of Planning and Environmental Appeals (DPEA) will handle appeals that have been submitted as a result of refusal by the Planning Committee of a Local Planning Authority. This is a more formal and complex procedure, although it follows the same basic principles. It can be completed through written submissions, public hearings or by public inquiry. Appeals to the DPEA must be submitted 3 months from the date of the council’s decision on the application (or 3 months from the date by which the council should have made a

decision).

The DPEA will also handle appeals where the LRB has failed to make a decision within 3 months or where the appeal is against non-determination of a planning application by the planning authority.