What Happens if Planning Permission Is Refused?

The planning process is a long and complicated one, which may not always produce the result you desire. If a planning application isn’t filed correctly, or there are objections to the plan, then it can be thwarted at the first hurdle. However, appealing the decision may lead to a refused planning application being accepted.

What happens if planning permission is refused?

Firstly, if you think a council planning department has made an incorrect decision regarding your application, or if you haven’t received a decision on your application within the relevant statutory determination timeframe (see ‘How long do I have to appeal a planning decision’ below), you can lodge an appeal with the Planning Inspectorate.

This is more commonly known as a planning appeal and allows the Inspectorate to re-examine the application proposal, the council’s response and reason(s) for refusal and any other relevant evidence. This process also gives you the chance to address any inaccuracies that may have caused your application to be rejected.

How can I appeal a planning decision?

You can request that the Planning Inspectorate takes a second look at your application for planning permission on any of the following grounds:

• The council refused your application for reasons you disagree with
• The council has given permission but with conditions attached that you think are unreasonable
• The council has refused to approve the details of a scheme which has already been given outline planning permission
• The council has approved such details but again, within conditions that you think are unreasonable
• If you have submitted details to satisfy a condition attached to your permission and it has been rejected
• If the council has taken more than 8 weeks (or 13 weeks for major developments or 16 weeks for EIA developments) to make a decision on the application
• The council has refused an application because it involved the felling of a protected tree

In the first instance, it may be worth contacting the relevant local authority directly to discuss your concerns, as they may be able to provide context for their decision or explain the reason (if any) for delays in processing your application.

How long do I have to appeal a planning decision?

Depending on the type of planning application you have made, there are different deadlines within which an appeal must be submitted (known as ‘limitation periods’). The Planning Inspectorate has made it clear that appeals which are lodged after the deadline will be automatically rejected, except in exceptional circumstances.

If you’re a householder, then you have up to 12 weeks from the date of the authority’s decision notice to submit an appeal. For most non-householder planning applications, an appeal must be made within 6 months of the decision date. For refusal of tree works consent, the period is much shorter, just 28 days from receipt of notification. If you lodge an appeal beyond these cut-off points, it will almost certainly be rejected, and you will need to re-start the whole planning permission process. It is therefore very important to understand which limitation period applies to your specific application.

Most appeals are determined through written representations, but more complex appeals can be tested through hearings and, where cross-examination of evidence is helpful, public inquiry.

How long is the appeal process?

Recent government data for England shows that in 2025 the average time from when an appeal was validly lodged to when a decision was made for the most common types of appeal was 27.5 weeks. Within the same category, those appeals decided by written representations had an average time of 22.5 weeks, compared to 24 for hearings and 41 for inquiries.

Enforcement planning appeals take significantly longer to be decided. For example, written representation enforcement appeals now have an average decision time of 71 weeks.

The time it takes for your appeal to be decided could vary greatly and you should consider these averages as a guide only to indicate approximate timescales.

How likely am I to succeed in appealing a planning decision?

Prospects of success largely depend on the strength of your case, and how each individual application relates to local and national planning policies and guidance.  Generally, appeals for developments which accord with the development plan are more likely to be successful.

As evidenced by the average timescales, the appeal process is not a quick one. It is also important to bear in mind that although the appeal itself does not incur a fee, preparing strong statements and supporting reports to improve your chance of success often requires expert input.

Because this process is legally and procedurally complex – and because deadlines, evidence and procedural compliance are paramount – it is strongly advisable to seek professional advice when pursuing an appeal.

Find out more

If you have any questions or are trying to navigate your way around the complexity of the English planning system, we have an experienced team of planning solicitors on hand to help give your appeal the best chance of success.

Contact our legal experts