Your planning appeal has been refused and you’re wondering, “Planning Appeal Refused What Next?” You’re not alone. Many homeowners in England only discover the appeal process once something has already gone wrong – and it can feel both unfair and confusing.
In this guide, our team at Plans Made Easy explains what a refused appeal actually means, how it differs from a simple planning refusal, and what realistic options you have next – from redesigning your proposal, to making a fresh application, to (in rare cases) challenging the decision in the courts.
We’ll walk through time limits, costs, common reasons for refusal, how often appeals succeed, and how to avoid digging yourself into a deeper hole with enforcement or illegal works.
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Planning appeal refused – what does it actually mean?
When a planning appeal is refused (or more accurately, dismissed) it means the Planning Inspectorate has agreed with your local council’s decision to refuse planning permission. The Inspector has looked at the case afresh, considered both sides, and decided that planning permission still shouldn’t be granted.
That can feel like the end of the road. However, in practice, a refused appeal is often just one step in the life of a project. Many extensions, loft conversions and garden rooms only get built after a redesign or a fresh planning application that deals with the original concerns.
So when you’re asking “Planning Appeal Refused What Next?”, the key is to separate emotion from the facts. You need to understand:
- Why the appeal was refused (the reasons matter more than the yes/no outcome).
- What type of application you were appealing (householder, full, outline, etc.).
- What options remain – new application, revised scheme, different route such as permitted development, or in rare cases a legal challenge.
Refused appeal vs refused application vs dismissed: what’s the difference?
Planning jargon can be confusing, especially when you’re reading decision notices from both your council and the Planning Inspectorate. It helps to separate three ideas:
1. Planning application refused by the council
This is the first step. The council decides your planning application and issues a refusal notice. Reasons might relate to design, overbearing impact, loss of light, highways, heritage, or conflict with local policies. If you’re at this stage, our guide on what to do after a refusal is a good starting point.
2. Planning appeal dismissed or refused
When you appeal, an independent Inspector reviews the case. They can either:
- Allow the appeal – and grant permission, sometimes with conditions.
- Dismiss the appeal – essentially agreeing with the council that permission should not be given.
Homeowners often describe this as a “planning appeal refused”, but technically the term is “dismissed”. The effect is the same: you still don’t have planning permission.
3. Appeal withdrawn or deemed invalid
Sometimes an appeal doesn’t reach a decision because it’s withdrawn or declared invalid (for example, because it was out of time). In that case, there is no appeal decision to challenge – the original council refusal simply stands.
Which types of applications can end up with a refused appeal?
Most domestic projects fall under one of these application types:
- Householder planning permission – typical for extensions, loft conversions, garage conversions and porches.
- Full planning permission – sometimes used for change of use or more substantial alterations.
- Listed building consent – if your home is listed, you may have appealed a refusal of listed building consent rather than standard planning permission.
Each of these can be appealed, but the time limits to do so differ. Our main planning appeal guide explains those deadlines in detail. Once your appeal has been refused, those deadlines have already passed – which is why you may now be looking at a fresh application or, in very limited cases, a High Court challenge.
What does a planning appeal refusal letter include – and how to read it
Your Inspector’s decision is more than just a “yes” or “no”. It normally includes:
- Background and site description – what the Inspector saw on their visit.
- Main issues – for example, impact on neighbours, character of the area, highway safety or living conditions.
- Reasoning – why the proposal conflicts (or is said to conflict) with the development plan and national policy.
- Conclusion – whether the benefits outweigh the harm, and the final decision to allow or dismiss.
When a planning appeal is refused, the reasoning section is gold dust. It shows what you would have to change to have any chance with a revised scheme.
Who should help after a planning appeal has been refused?
Once your appeal has been dismissed, getting the right help becomes even more important, because the planning history of the site now includes both a refusal and a refused appeal.
Homeowners typically turn to one or more of the following:
- Planning consultant – to analyse the decision and advise on strategy. Our guide to using planning consultants effectively explains what to expect.
- Architect or designer – to redesign the scheme so it respects the Inspector’s findings, including light, overlooking and massing. See architect drawings for planning for how this fits in.
- Structural engineer – mainly needed later, when you’re preparing structural calculations for building regulations and construction.
Sometimes the best team is a planner-and-designer combination: one person shapes the planning strategy, another produces clear drawings for a new application that show how concerns have been addressed.
Planning Appeal Refused What Next – costs and timelines to consider
There is normally no fee to submit a planning appeal itself for most householder applications. However, once an appeal has been refused and you’re looking at next steps, the key costs are:
- Professional advice – planning consultant, architect or both.
- New plans and technical reports – updated drawings, daylight/sunlight reports, heritage statements and so on.
- Fresh planning application fee – payable to the council for the new application.
- Potential legal advice – if you’re considering a High Court challenge (rare for domestic work).
Quick costs snapshot (typical homeowner projects)
- Planning review + strategy advice: from around £300–£800+VAT depending on complexity.
- Revised drawings for a householder extension: often £600–£1,500+VAT.
- Fresh planning application fee (householder): usually a few hundred pounds – check current fees on the Planning Portal.
- Specialist reports (e.g. daylight or heritage): can range from £400–£1,500+VAT each.
These figures are indicative only. Actual costs vary by region, complexity and who you appoint. We always recommend getting written quotes before you commit.
In terms of timing, you’ll also need to manage expectations:
- Redesign and preparation: 2–8 weeks, depending on how much you change.
- New planning application: typically 8 weeks for householder decisions, though many councils take longer. Our timelines guide explains why.
- Building control approval: once you have permission, you will still need building regulations approval before works start.
Not sure what to do after a refused appeal?
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Step-by-step: what to do when a planning appeal is refused
When you get the decision letter, it’s easy to panic. Instead, follow this calm, step-by-step checklist to decide your next move.
Planning Appeal Refused What Next – practical checklist
| Step | What to do | Why it matters |
|---|---|---|
| 1. Read the decision slowly | Highlight the main issues the Inspector focuses on – for example, design, privacy, overshadowing or highways. | You need to know what the Inspector actually objected to before you change anything. |
| 2. Compare with the council refusal | Check whether the Inspector agreed with all reasons or only some of them. | Sometimes an appeal narrows down the issues, which can be useful when redesigning. |
| 3. Decide if the idea is still worth pursuing | Ask whether a smaller or differently located extension would still meet your needs. | There’s no point fighting for a scheme that will never work for your family. |
| 4. Get professional input | Share the decision notice with a planning professional for an honest view. | An independent eye can spot opportunities or red flags that are easy to miss. |
| 5. Explore alternatives | Check whether a smaller scheme could fall under permitted development instead of full permission. | Sometimes a modest design tweak can move your project into a more flexible set of rules. |
| 6. Plan a fresh application (if appropriate) | Commission revised planning drawings that clearly address the Inspector’s criticisms. | Councils are more receptive when it’s obvious you’ve listened to previous decisions. |
| 7. Only consider legal challenge in rare cases | Speak to a planning solicitor if you believe the Inspector made a legal error, not just a judgement you disagree with. | High Court routes are expensive and only about law, not re-arguing the planning merits. |
Pitfalls and gotchas after a refused planning appeal
Once an appeal has been dismissed, it’s easy to feel you’ve got nothing left to lose. However, there are still several traps that can make your position worse.
1. Assuming you can “wait it out”
Homeowners sometimes ask whether they can keep unauthorised works in place for four years and then rely on the so-called 4-year rule. The law around immunity from enforcement is complex and has tightened in recent years. Relying on this approach after an appeal has already highlighted harm is risky and should only be considered with specialist legal advice.
2. Ignoring building regulations
Even if you eventually secure planning permission, you still need to deal with building regulations, including structural safety (Part A), fire protection (Part B) and energy efficiency (Part L). Building work carried out without approval can cause problems when you come to sell, and may require retrospective certificates.
3. Submitting the same design again
If you resubmit more or less the same scheme that the Inspector has already dismissed, you are likely to receive another refusal. Councils can even refuse to determine repetitive applications. A better approach is to genuinely rethink the layout, height, massing or use – or to explore a different type of extension altogether, such as a more modest single-storey scheme. Our extension cost guide can help you balance budget with what’s realistically approvable.
4. Not talking to neighbours
Many Inspector decisions hinge on impact on neighbours. Before you prepare a new scheme, it can be worth talking to those immediately affected. While they don’t control the process, reducing objections can help your case and improve day-to-day relationships.
Technical details: can a refused planning appeal be overturned?
Once the Planning Inspectorate has dismissed an appeal, there is no further right of appeal on the planning merits. You cannot simply appeal again because you disagree with the outcome.
Challenging an Inspector’s decision in the High Court
There is a limited route to challenge an appeal decision in the High Court, but only on legal grounds. This is sometimes referred to as a “statutory review”. For example, you might argue that the Inspector:
- Misinterpreted planning law or policy.
- Failed to take a relevant consideration into account.
- Reached a decision that no reasonable Inspector could have made on the evidence.
This is a specialist legal route, subject to strict time limits (usually six weeks from the date of the decision), and it focuses on points of law rather than re-arguing whether your extension is attractive or not. Most homeowners find that a redesigned scheme or fresh application is more cost-effective than High Court litigation.
Can a third party appeal a planning decision?
Neighbours sometimes ask whether they can appeal if permission has been granted. In general, only the applicant can appeal a refusal. Third parties cannot usually appeal a grant of permission, though they may be able to challenge a decision in the courts on legal grounds. If you’re the applicant, this means your refused appeal is essentially the end of the line on the same design – but not necessarily the end of your project altogether.
FAQs – planning appeal refused questions answered
What happens when you appeal a planning decision?
When you appeal, your case is passed to the Planning Inspectorate. An independent Inspector reviews your application, the council’s reasons for refusal and any comments from neighbours or consultees. Depending on the type of appeal, they may visit the site, hold a hearing or decide on written representations. They then issue a decision either allowing the appeal (granting permission) or dismissing it (upholding the refusal).
What happens if my planning appeal is refused?
If your planning appeal is refused – or more precisely, dismissed – the council’s original refusal stands and you still do not have planning permission. You cannot simply appeal again on the same proposal. Instead, your options are usually to redesign the scheme and submit a new application, explore whether a smaller project could fall under permitted development, or in rare cases seek legal advice about challenging the decision in the High Court.
Planning appeal refused – what next in practice?
Practically, the next steps are to read the Inspector’s decision carefully, understand the main reasons for dismissal, and decide whether a revised design could overcome those concerns. Many homeowners then seek advice from a planning consultant or architect, prepare updated drawings, and submit a new planning application that clearly responds to the previous decision.
Is it worth appealing a planning refusal in the first place?
Appealing can be worthwhile if you and your adviser believe the council has misapplied policy or given excessive weight to certain issues. However, success rates are not guaranteed and depend heavily on the specifics of the case. In some situations a revised planning application, submitted quickly and tailored to the points raised by the council, is more cost-effective and quicker than going to appeal.
How long after a planning refusal can you appeal?
Time limits vary, but for most householder applications in England you normally have 12 weeks from the date of the council’s decision notice to lodge an appeal. Other types of application often have a six-month deadline. Once that period has passed – or once an appeal has been dismissed – you are looking at new applications or legal challenge routes instead.
Who can appeal a planning decision?
Only the applicant (or someone acting for them, such as an agent) can appeal a planning decision. Neighbours and other third parties cannot appeal a grant of permission, though they may comment during the application and sometimes seek legal remedies if they believe the decision was unlawful. If your own appeal has been refused, you remain free to submit a new application for a revised scheme.
How often are planning appeals successful?
Success rates vary between local authorities and types of development, but nationally a significant proportion of appeals are dismissed. Householder appeals can have slightly better odds where the original refusal was marginal. However, once an appeal has been refused, the chances of overturning the outcome on the same design are very slim, which is why most homeowners move towards a revised proposal instead.
Why are planning appeals taking so long?
Many homeowners have experienced delays due to resourcing pressures at both local authorities and the Planning Inspectorate. Increased caseloads, staff shortages and the complexity of modern planning policy can all add time. When you plan your project, it’s sensible to allow extra contingency for both the original application and any appeal, rather than relying on best-case timescales.
Need a second opinion on your refused appeal?
We regularly review appeal decisions and design fresh schemes that stand a better chance with your council.
Next steps & useful guides
If your planning appeal has been refused, these related guides from Plans Made Easy can help you decide what to do next and how to avoid repeat refusals:
- Full guide to navigating planning appeals – understand routes, deadlines and evidence.
- What to do after a planning refusal – your options before and after appeal.
- Complete homeowner’s guide to planning permission – how the whole system fits together.
- Making plans for extensions and conversions – from first sketch to approval.
- Planning drawings explained – what good drawings include and why they matter.
- Drawings for a planning application – avoid rejections on technical grounds.
- Typical planning permission costs – fees, professional costs and hidden extras.
- Working with planning consultants – when expert help can save time and stress.
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Appeal outcomeA refused (dismissed) appeal confirms the council’s refusal – you still don’t have planning permission.
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Can you appeal again?You can’t re-appeal the same scheme just because you disagree with the Inspector. Further challenge is only on legal grounds.
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Most common next stepRedesign the proposal to address the Inspector’s concerns and submit a fresh planning application.
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Other possible optionsExplore permitted development alternatives, scale back the design, or in rare cases seek specialist legal advice about a High Court challenge.
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Biggest risk after refusalContinuing or starting building works without permission, which can lead to formal enforcement and costly remedial works.
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Where to get helpA combination of planning consultant and architectural designer can translate the decision letter into a realistic new scheme that is more likely to be approved.
Official resources if you’d like to read more
For the latest national guidance on planning decisions and appeals, you may also find these resources useful:
- Planning Portal – national planning guidance and application information
- GOV.UK – overview of planning permission in England and Wales
Always check the official sites for the most up-to-date rules, as planning law and policy can change.
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