Planning Permission Refused? Your Options in England
Receiving a refusal from your local planning authority can feel like the end of a carefully prepared project. It is not necessarily the end of the road.
If your planning permission has been refused in England, you may be able to revise the proposal, submit a new application or appeal the planning decision. The right route depends on the reasons for refusal, the evidence already submitted and the deadline stated in your decision notice.
Before taking the next step, it is important to understand what the council decided and why.
What does a refusal of planning permission mean?
A refusal means that the local planning authority did not consider the proposal acceptable in its submitted form. The decision notice should identify the reasons for refusal and the planning policies relied upon.
Common concerns may relate to design, scale, overlooking, loss of privacy, highway safety, parking, heritage, ecology, flood risk or the effect of a development on the surrounding area. Every case is different, and even a short reason for refusal may involve several planning and legal issues.
Do not focus only on the words “permission refused”. Read the full decision notice, the planning officer’s report, any committee minutes and the policies referred to. Together, these documents can help reveal whether the concern may be addressed through amendments or whether the decision should be challenged.
What should you do first if planning permission is refused?
1. Check the date and appeal deadline
Planning appeal deadlines are strict. The Planning Inspectorate must receive the appeal and required documents within the applicable time limit. A late appeal will not normally be accepted.
For applications in England, the usual deadlines following a refusal include:
| Type of application | Usual appeal deadline |
| Householder planning application | 12 weeks from the date on the decision notice |
| Minor commercial development | 12 weeks from the date on the decision notice |
| Advertisement consent | 8 weeks from the date on the decision notice |
| Most other planning applications | 6 months from the date on the decision notice |
Shorter limits may apply where an enforcement notice concerns the same or substantially similar development. In some circumstances, the deadline can be only 28 days. Always check the decision notice and obtain advice promptly if enforcement action is involved. The current deadlines are set out in the Planning Inspectorate’s procedural guide.
2. Identify every reason for refusal
An effective response must address each reason, not simply restate the benefits of the project. Consider:
- Which local or national planning policies were relied upon?
- Is the refusal based on missing evidence or an objection to the principle of development?
- Could a design change resolve the concern?
- Did the council misunderstand any material fact?
- Was relevant evidence placed before the council but not properly addressed?
3. Do not begin unauthorised work
A refusal does not authorise the proposed development. Starting work may expose the owner or occupier to planning enforcement action and may make the situation more difficult and expensive to resolve.
Your main options after planning permission is refused
Option 1: Discuss the refusal with the local planning authority
It may be useful to ask the planning officer whether amendments could overcome the stated objections. Some authorities provide post-decision or pre-application advice, although the availability, cost and scope of that service vary.
This discussion does not extend the appeal deadline. If you are considering an appeal, keep the deadline under review while discussions continue.
This route may be helpful where the refusal identifies a practical concern that can be addressed, such as the height of an extension, the position of a window, access arrangements or landscaping.
Option 2: Revise the proposal and submit a new planning application
A revised application may be more suitable where the proposal can be changed or additional technical evidence is needed.
This may include:
- reducing the height, scale or footprint of the development
- changing its layout, access or parking arrangements
- addressing overlooking or loss of privacy
- providing a heritage, highways, drainage, ecology or other specialist report
- explaining more clearly how the proposal complies with the development plan
A new application allows the local planning authority to consider the revised scheme and additional evidence. A new application fee will usually be payable. The former general fee exemption for one repeat application, commonly called the “free go”, was removed in England, subject to transitional arrangements that have now expired. Applicants should check the current fee with the relevant local planning authority.
Resubmission is not simply a second attempt with the same documents. The new application should respond carefully and directly to every reason for refusal.
Option 3: Appeal the planning decision
If you believe the local planning authority reached the wrong decision on the planning merits, you may be able to appeal to the Planning Inspectorate.
Only the person who made the original planning application can bring the appeal, although another person may act on the applicant’s behalf. There is currently no Planning Inspectorate fee for submitting a planning appeal, but an appellant may still incur professional, expert and other costs. Each party will usually meet its own expenses. Costs can be awarded where unreasonable behaviour has caused another party to incur unnecessary expense. GOV.UK explains how to make an appeal and the documents required.
An appeal is not an opportunity to present an entirely new development. It is generally an argument that the proposal considered by the local planning authority should have been approved based on the planning merits and the material before the decision-maker.
Important change for applications submitted on or after 1 April 2026
Most appeals relating to applications submitted on or after 1 April 2026 begin under the expedited Part 1 written representations procedure.
Under this procedure, the Inspector will generally consider the original application and supporting material, the decision notice, the planning officer’s report, committee minutes, the appeal form and the local planning authority’s appeal questionnaire. New evidence that was not before the local planning authority will usually not be accepted unless there has been an exceptional material change in circumstances.
This creates an important strategic distinction:
- If your case is that the council wrongly assessed the proposal and evidence already submitted, an appeal may be appropriate.
- If you need to change the design or provide a new technical report to overcome the refusal, a revised planning application may be more appropriate.
The current Planning Inspectorate guidance confirms that evidence or amendments intended to overcome the refusal should generally be put forward through a revised application, rather than introduced for the first time during an expedited appeal.
Different procedural guidance applies to appeals relating to applications submitted on or before 31 March 2026. Check which rules apply to your application before preparing the case.
Should you resubmit or appeal?
There is no universal answer. The following comparison may help:
| A revised application may be more suitable when | An appeal may be more suitable when |
| The design can be changed to address the refusal | You consider the proposal already complies with planning policy |
| Important technical evidence was missing | The council may have misapplied policy or misunderstood the evidence |
| You are prepared to alter the proposal | You want the submitted proposal reconsidered on its planning merits |
| Further dialogue with the council may help | Further negotiation is unlikely to resolve the disagreement |
An appeal should not be treated as an automatic second chance. Official statistics show that 32 per cent of section 78 planning appeals decided between January and March 2026 were allowed. The figure is not a prediction for any individual case, but it shows why a careful merits assessment matters before an appeal is filed. See the Planning Inspectorate statistical release dated 23 April 2026.
When can a planning appeal solicitor help?
You can submit an appeal yourself or authorise someone to act for you. However, early advice from a planning appeal solicitor or an appropriately qualified planning professional may be valuable where:
- the refusal relies on several planning policies
- the committee refused permission despite an officer recommendation
- the site involves heritage, environmental or highway issues
- an enforcement notice has been issued or threatened
- the appeal may require a hearing or inquiry
- there is a dispute about the proper interpretation of planning law or policy
- you need to decide quickly between revising, resubmitting and appealing
The strength of an appeal often depends on identifying the real issues, addressing each reason for refusal and presenting a focused case supported by the correct material.
Frequently asked questions
Can I appeal if planning permission is refused?
The original applicant has a right to appeal a refusal to the Secretary of State, with most appeals decided by a Planning Inspector. Another person may act on the applicant’s behalf. Neighbours and other third parties do not have the same right to appeal against the refusal or grant of someone else’s application.
How long do I have to appeal a planning refusal?
The deadline depends on the application type. Refused householder and minor commercial applications normally have a 12 week deadline. Most other planning appeals have a six month deadline, while advertisement consent appeals generally have an eight week deadline. Enforcement action may shorten the time considerably.
Does it cost money to appeal a planning decision?
There is currently no fee for submitting a planning appeal to the Planning Inspectorate. You may still need to pay for legal advice, a planning consultant, architects, expert reports or representation at a hearing or inquiry. A costs award may also be made where unreasonable conduct causes unnecessary expense.
Can I submit new plans during a planning appeal?
Planning appeals are generally decided on the same proposal considered by the local planning authority. For many appeals relating to applications submitted on or after 1 April 2026, new plans and evidence will not normally be accepted. If material changes or new technical evidence are needed, a revised application may be the better route.
What happens if I miss the planning appeal deadline?
The Planning Inspectorate states that it will not accept an appeal and supporting documents received outside the relevant time limit. This is why the deadline should be checked immediately after a refusal.
Clear advice can help you choose the right route
A planning refusal can affect a home improvement, a commercial development or a significant investment. Acting quickly does not mean appealing immediately. It means protecting the deadline, understanding the reasons for refusal and choosing the route that gives the proposal the strongest lawful basis for reconsideration.
Lawher & Co. Solicitors can help you review the decision, understand your options and assess whether to revise, resubmit or appeal the planning decision.
Email: info@lawher.co.uk
Call: 01727 222290
This article provides general information about planning law in England and does not constitute legal advice. Planning cases are fact-specific and procedural rules may change. Seek advice about your circumstances and check the deadline stated in your decision notice.