Rickitt Partnership

The planning application decision

The goal is always to achieve full approval on your planning application. We talk you through what happens once you have your planning decision – whether or not you have been successful….

Full Planning Permission Approval

If you have been granted full planning permission on your project you will generally have three years in which to start the work. Occasionally the Council may set a longer or shorter time limit on commencement of work. If they do so the reasons for their decision will be explained on the decision notice. If you do not commence work within the agreed time frame you will need to re-apply for planning permission.

Applying to discharge Planning conditions

The decision notice may also detail other conditions which should be complied with. Some conditions which are attached to planning permission may require you to apply for their discharge prior to work commencing. One such example is that you may be required to submit details of materials to be used.

  • Applications to discharge planning conditions must be made to your Local Planning Authority in writing or you can submit your request through the national planning portal
  • Each application for discharge of a condition has a fee attached

Failure to obtain approval for the discharge of planning conditions:

If you do not seek approval for the discharge of conditions to your planning application action could be taken and it could also mean that, when you come to sell, the sale is delayed as clarification that the conditions have been complied with is sought by your purchaser’s solicitor.

Refusal of Planning Permission:

In the Cheshire West and Chester area about 80% of planning applications are approved according to their data. If a council refuses a planning application the reasons for the refusal will be set out in the decision notice and applicants are able to ask if there are any changes that could be made which would alter the decision. Generally speaking a revised application can be made within a year of the original application and no additional fee will be charged.

Appealing the decision:

As a final port of call, if your application has been refused you can appeal to the Planning Inspectorate. The appeal process gives you the chance to have an independent inspector re-visit your case. They will look into the proposal from scratch and it is their job to ensure that everything relevant has been taken into account.

When you can appeal a decision:

  • If your application for planning permission has been refused
  • Permission has been granted but you feel that the conditions are unreasonable
  • The details of a scheme have not been approved despite outline planning permission having been granted
  • The details have been approved but with conditions that you deem unreasonable
  • The council have taken longer than the agreed time period to make a decision
  • Refusal of your application due to work on or the felling of a protected tree

Depending on the reason why you are appealing, there are different time frames which you need to adhere to lodge your appeal:

  • Householder planning application – if the application has been refused the appeal should be lodged within 12 weeks of the date on the decision notice
  • Householder planning application – if no decision has been made the appeal should be lodged within 6 months of the date when the decision should have been made
  • Householder planning application – where permission has been granted but the conditions are being appealed, the appeal period is 6 months from the date of the decision
  • Listed building consent – your appeal must be made within 6 months of the date of the decision notice. If there was no decision your appeal should be made within 6 months of the date when the decision should have been made
  • Appeals relating to applications for works to protected trees will need to be submitted within 28 days of receipt of the planning authority’s decision. If a decision has not been reached within 8 weeks then you should lodge an appeal within 28 days from the date the decision SHOULD have been made.

We hope that we have managed to de-mystify the whole process of preparing for and submitting planning permission applications, as well as explaining the next steps following your planning application decision. In the next of our series of blogs we will be exploring specific planning controls for listed buildings and conservation areas.

About the author

Danielle Mullen

Danielle Mullen

Danielle comes from a marketing and media background, with over 20 years experience in her field which includes tenures at a number of distinguished Cheshire-based magazines and marketing agencies.  Danielle has responsibility for marketing at Rickit…

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