Refused Planning Application
Refused Planning Applications can be extremely frustrating, particularly as the initial application can be a laborious and time consuming task. Planning permission can be denied for a number of reasons that are often beyond the control of the applicant, especially if the reasoning relates to a subjective assessment of the issues.
If your planning permission has been rejected, don’t despair. An initial refused planning application does not necessarily spell the end for your prospective development project as it can be appealed. However, in some cases, a revised planning strategy may be the best course of action.
Planning Application Appeals
If your planning application or Certificate of Lawfulness has been refused, you have the right to appeal. Depending on how the proposal relates to the Scottish Government’s planning hierarchy you can appeal the decision to the Council’s Local Review Body or the Department of Planning and Environmental Appeals (DPEA).
Planning Appeal to the Local Review Body
Planning authorities are required to produce a Scheme of Delegation which sets out a list of Local Developments that can be determined by an appointed person (for example a planning officer who works for the Local Authority) as opposed to elected members at a committee. The Local Review Body, which determines the review, is made up of at least three elected members who were not involved in the original decision.
Interurban Planning can provide a full service of investigating your initial refused planning application and lodge a refused planning application appeal on your behalf to the Local Review Body.
Planning Appeal to DPEA
These planning appeals are considered by an Independent Planning Inspector on behalf of the Scottish Government. The Planning Inspector will issue a decision on whether your planning appeal is valid and if consent should subsequently be granted. Interurban’s planning appeal to the DPEA will provide all the necessary evidence in support of why it should be accepted. Interurban can also lodge a claim for expenses where unreasonable behaviour has occurred.
Looking to figure out the best course of action following a refusal. Send us the details and we’ll look and see if we can help.
