Category: Planning Advice

Categories
Industry Knowledge News Planning Advice

BNG Rules Update 2026

Back to all

BNG Rules Update 2026

  • Billy Lloyd

The Government has confirmed changes to Biodiversity Net Gain requirements

After months of speculation following the first indications of potential changes late last year, the Government has now confirmed amendments to the Biodiversity Net Gain (BNG) requirements.

The changes are intended to provide greater clarity and remove some of the uncertainty surrounding the application of BNG to smaller and shorter-term development proposals.

So what are the changes?

The amendments will take effect from 6 August 2026, provided that the development site does not contain priority habitat.

From this date:

Developments of 0.2 hectares or less will be exempt

Small development sites measuring 0.2 hectares or less will be exempt from the mandatory BNG requirements.

Short-term developments will be exempt

Short-term developments will also be exempt, provided that the planning permission relates to the whole site and the permission is granted for a period of less than five years.

Self-build and custom-build developments will no longer have a specific exemption

Self-build and custom-build developments will no longer benefit from a specific exemption from BNG.

However, the Government’s position is that these developments will typically fall within the new 0.2-hectare exemption, meaning that many smaller self-build and custom-build schemes may still not be subject to the mandatory BNG requirement.

What does this mean for developers and landowners?

While the amendments may appear relatively limited, they provide welcome clarity for those bringing forward smaller or short-term development proposals.

Greater certainty around when BNG requirements apply should help reduce uncertainty during the planning application process, support more consistent decision-making by Local Planning Authorities and, importantly, potentially help unlock more suitable development opportunities.

Get in touch!

If you are considering a development proposal and would like to understand how the changes to BNG may affect your site, please get in touch with Warner Planning to explore how we can assist.  

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

Bedford Borough Call for Sites 2026

The preparation of the new “Bedford Borough Local Plan 2050” is now underway. The new plan will establish a long-term vision for the Borough, identifying where new homes, employment opportunities, infrastructure and green spaces will be delivered over the next 25 years.

Categories
News Planning Advice

Do I have to discharge my planning conditions?

Back to all

Do I have to discharge my planning conditions?

  • Tara Lewis

Why does discharging your planning conditions matter?

For many people, obtaining planning permission is often viewed as the final hurdle in the planning process. However, many permissions are granted subject to conditions which require further details to be submitted to and approved by the Local Planning Authority (LPA) before development can commence, continue, or be occupied.

These conditions form part of the planning permission and should not be overlooked, as failing to discharge them can lead to delays, additional costs, and in some cases, enforcement action.

What are Planning Conditions?

Planning conditions are requirements attached to a planning permission by the Local Planning Authority (LPA). They are designed to ensure that a development proceeds in an acceptable manner and to mitigate any potential impacts on the surrounding area.
Conditions can cover a wide range of matters, including:

  • Approval of external materials
  • Landscaping schemes
  • Ecological mitigation measures
  • Drainage strategies
  • Construction management plans
  • Contaminated land investigations
  • Highway and access improvements
  • Noise mitigation measures

Each condition wording includes a “trigger”, which means that they must be addressed by a certain point. These triggers may be before development starts, while others apply during construction or before occupation of the completed development. They are also conditions known as “compliance” conditions, which means that the details contained within the condition must be complied with as part of the development, but that no further information is required to be submitted and approved.

So why is discharging these conditions so important?

Ensuring development remains lawful

Planning conditions are imposed to ensure that a development is carried out in an acceptable manner and that any impacts on the surrounding area are appropriately mitigated.

As already referenced, many permissions contain “pre-commencement” conditions, which require approval before any works begin on site. Commencing development without first discharging these conditions can place a scheme in breach of its planning permission and create unnecessary complications later in the project.

Avoiding delays and additional costs

Condition discharge is often critical to maintaining project timelines. Matters such as drainage strategies, landscaping details, ecological mitigation measures, materials, and construction management plans frequently require approval before key stages of development can proceed.

Leaving these submissions until the last minute can result in avoidable delays, particularly where additional information is requested by the LPA. Early consideration of planning conditions can help keep projects moving and avoid costly interruptions to construction programmes.

Protecting future property transactions

Undischarged planning conditions can also become an issue when a property is sold, refinanced, or transferred.

Solicitors acting on behalf of purchasers and lenders will routinely review planning permissions and may request evidence that all relevant conditions have been discharged. Where approvals are missing, transactions can be delayed while compliance is demonstrated or retrospective applications are submitted.

Reducing the risk of enforcement action

Local Planning Authorities have powers to investigate breaches of planning control where developments have not complied with the terms of their permission.

While every case is assessed on its own merits, failure to comply with planning conditions can result in enforcement action, requests for remedial works, or requirements to regularise the position through further applications. These situations can often be avoided through effective management of planning conditions from the outset.

What is the best practice for applicants?

To avoid complications, applicants should:

  • Review all planning conditions immediately upon receiving consent;
  • Identify which conditions require action before commencement;
  • Prepare a condition discharge schedule;
  • Engage consultants early where specialist reports are needed;
  • Allow sufficient time for Local Planning Authority review;
  • Keep clear records of all submissions and approvals; and
  • Ensure formal written approval is received before proceeding where required.

Early planning and effective project management can significantly reduce the risk of delays and compliance issues.

Conclusion

Planning permission is not always the end of the planning process. The discharge of planning conditions is an important step in ensuring that development remains compliant, progresses smoothly, and avoids unnecessary legal or financial complications. By dealing with conditions early and proactively, applicants can protect project timelines, reduce risk, and provide certainty for all parties involved in the development.

If you need assistance in reviewing and discharging planning conditions Warner Planning has a strong track record in supporting a range of clients with their conditions. 

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

World Population Day 2026

Planning is at the forefront of increasing population growth with placemaking and place-shaping through strategic planning decisions which must carefully balance existing and future needs and resources.

Categories
Industry Knowledge News Planning Advice

What does and doesn’t count as an Annexe?

Back to all

What does and doesn’t count as an Annexe?

  • Katy Lycett

With property prices, care home costs and private renting all leading to many people struggling to afford the accommodation that they need there are families seeking a route which might be a solution. Annexes can be a great way to allow extended family members to live together, and this is popular for inter-generational living of all ages.

Source: Stannah

If you are looking to create an annexe at your home for a family member there are some key things to consider:

  • Depending on your circumstances you may require planning permission to create an annexe.
  • If your preference is to create a standalone building in the garden the structure often requires planning permission depending on the size and location. Some outbuildings can be created without consent if they are incidental to the main dwelling and will be used for a home office, home gym or shed. If the outbuilding is to be used for permanent accommodation as an annexe however, this would require planning permission. Some dwellings also have their Permitted Development rights removed relating to outbuildings so permission would also be needed.
  • Alternatively, if the preference is to convert and extend an existing property/garage to create an annexe this will also likely require planning permission.
Source: Stannah

An annexe has several key features which distinguish it from being a separate dwelling:

  • Annexes need be ‘ancillary’ to the main dwelling i.e. they should be used for additional accommodation for family members and main activities should still take place within the main dwelling e.g. meals and socialising.
  • An annexe should create very limited accommodation; creating multiple bedrooms, full kitchens and large internal spaces will generally not be supported as this strays from the function of annexe accommodation.
  • Some Local Planning Authorities have dedicated planning policies which specify further requirements for the creation of an annexe. This does vary so always best to check first. There are some requirements for annexes to be physically connected to the main house – other Councils do not. It’s always best to check!
  • Annexes do not usually require additional dedicated parking or private gardens as the general functions should be provided by the existing dwelling.
  • Annexes by their nature cannot be sub-let, sub-divided or sold-off for private sale and any occupants should be part of the family unit – usually older members of the family or older dependents looking for independence. Councils will often attach restrictive conditions to any planning permission for an annexe to limit how the space can be used and by whom.

If you are seeking the creation of a separate dwelling this would have a different set of considerations including:

  • Dedicated, independently accessible vehicle parking for both the host (existing) and new dwelling.
  • Dedicated independently accessible private garden spaces for both the host (existing) and new dwelling.
  • Impact upon nearby dwellings and occupiers in terms of any increase in overlooking, loss of privacy or change in outlook/amenity.
  • Policy considerations if the site falls within a location where new dwellings are generally discouraged unless for very specific circumstances e.g. open countryside or the Green Belt.
  • Compliance with relevant internal space standards to ensure that any new dwelling has sufficient room sizes to create a pleasant living environment.

Get in touch!

If you are thinking about the future and planning ahead for your family and might like to explore creating an annexe, please get in touch! Planning requirements vary between Local Planning Authorities and site-specific advice should always be sought. 

We can review any key information to assist you and set out options and possible next steps.

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

What does and doesn’t count as an Annexe?

With property prices, care home costs and private renting all leading to many people struggling to afford the accommodation that they need there are families seeking a route which might be a solution. Annexes can be a great way to allow extended family members to live together, and this is popular for inter-generational living of all ages.

Categories
News Planning Advice

What is the new appeals process in 2026?

Back to all

What is the new appeals process in 2026?

  • Billy Lloyd

As you may be aware, there has been some changes to the Planning Appeal process which have recently taken effect, so we thought it would be helpful to provide a bit of a breakdown on what has changed.

The intention of the changes is to streamline the appeals process, reduce delays and encourage more complete submissions at the application stage. We note that the changes take effect from the 1st April 2026, and is only relevant to applications submitted after this date. Applications submitted before this date will be dealt with via the previous system.

So what are the changes on the new system?

  • No new evidence – Inspectors will rely on what the LPA determined the application on, unless there is an exceptional change of circumstance, in which case the appeal will be transferred to Part 2, which is more akin to the current system. 
  • Written Representations will now be the default, with other avenues at the Inspectors discretion and to become less common.
  • Third Party restrictions – They will also not be able to submit new information, so the initial comments as part of the application will be relied upon.
  • Final Comments – Will be removed as part of the process moving forward.
  • Online – Whilst we do submit all our appeals online already, the emphasis will be on this mechanism for appeal submission.  
  • Any use of AI in documents will need to be declared.

In terms of what the typical process will look like, the appeal will be submitted and one week from the issuing of the Start Letter, the LPA will send their Questionnaire and Application Docs to the Planning Inspectorate, with an Inspector than allocated who will undertake a site visit and look to issue a decision

What do the Planning Inspectorate expect to form part of an appeal submission?

  • Appeal Form (Opportunity to explain reasons for disagreeing with the Decision)
  • Application Form
  • Decision Notice
  • Environmental Statement (if required)
  • Planning Obligation (if required)
  • All documents submitted to the LPA at point of submission.
  • List of documents submitted throughout the application.

So, what does this mean? Effectively we are needing to front load any information to make a more comprehensive application, so that if an appeal is required all of the information is available to the Inspector when they make a decision. But what is key is that all parties including the Council are working collaboratively and proactively.

Get in touch!

If you have any queries or would like to discuss how this could impact on your site and interests, please do not hesitate to get in contact with Warner Planning, where we would be more than happy to advise.  

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

What are the benefits of a Pre-Application in 2026?

You might be wondering whether you should first submit a Pre-Application or to go straight in to the Council with a full Planning Application. Katy has been breaking down the benefits of a Pre-Application to help you decide.

Categories
Industry Knowledge News Planning Advice

Common planning mistakes that lead to Enforcement

Back to all

Common planning mistakes that lead to Enforcement

  • Tara Lewis

Planning enforcement often starts with small assumptions. Property and landowners may think a change is minor, assume it is acceptable because a neighbour has done something similar, or believe permitted development rights apply automatically. However, Local Planning Authorities (LPA’s) must investigate possible breaches of planning control and may issue enforcement notices or, in more serious cases, require expensive remedial work or even demolition.

If you are a homeowner, developer, landowner or business owner, it is important to understand the most common triggers for planning enforcement in order to avoid delays, disputes and unnecessary costs.

First, let’s start with the basics: what is planning enforcement?

Planning enforcement is the process that LPA’s use to investigate and respond to breaches of planning control. This can include the following:

  • Building without planning permission
  • Failing to comply with approved plans
  • Breaching planning conditions
  • Unauthorised changes of use
  • Works to listed buildings or protected land
  • Unapproved signage or advertisements

Enforcement action is not always immediate, but once a report is made or a breach is identified, LPA’s can take formal action.

What mistakes might result in enforcement action being taken?

Assuming work qualifies as permitted development

A common mistake is assuming that permitted development rights automatically apply to a property and that certain works can be undertaken, however, in realty, permitted development rights can be restricted by:

  • Conservation areas
  • Article 4 Directions
  • Listed building status
  • Previous planning conditions
  • Flats and maisonettes
  • Certain extensions, outbuildings, and roof alterations

As such, a project that appears straightforward in the first instance may still require full planning permission.

Not following approved plans exactly

Obtaining planning permission is only part of the process, but a frequent enforcement issue occurs when construction differs from the approved drawings as reference on the issued decision notice.

 

Common examples include:

  • Different materials
  • Increased height
  • Altered roof design
  • Additional windows
  • Changed footprint
  • Relocated access points

Even small variations can trigger complaints if neighbours believe the finished build differs from what was approved. Significant deviations may require a non-material amendment, variation application, or entirely new permission.

Ignoring planning conditions

As part of the decision notice issued, there are often a number of conditions that require discharging before, or during construction. These conditions may include works such as the following:

  • Landscaping details
  • Materials approval
  • Drainage schemes
  • Noise mitigation
  • Construction management plans
  • Ecology requirements

Each condition wording will include a “trigger”, which states at what stage of the construction process further details need to be submitted in order to discharge the condition. For example, these can be “prior to commencement”, meaning they need to be discharged before any ground works or construction can begin. If these conditions are not discharged, then this can trigger enforcement.

The key considerations before starting any project are as follows:

  1. Confirm whether planning permission is required
  2. Check whether permitted development rights apply
  3. Review all planning conditions carefully
  4. Ensure builders follow approved plans exactly
  5. Obtain written approvals before starting work
  6. Seek professional advice where uncertainty exists
  7. Keep clear records and documentation

In conclusion, most planning enforcement cases are avoidable, and many problems usually arise from assumptions, incomplete information, or small changes made during construction without proper approval.

That’s why it is so important to take your time to verify requirements before work begins, saving substantial time, money, and stress later. Proactive planning compliance is almost always cheaper than dealing with enforcement action!

Get in touch!

If you’ve recently received an enforcement notice and would like expert advice, we can help assess the situation and outline the most effective next steps.

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

Categories
News Planning Advice

What are the benefits of a Pre-Application in 2026?

Back to all

What are the benefits of a Pre-Application in 2026?

  • Katy Lycett

You might be wondering whether you should first submit a Pre-Application or to go straight in to the Council with a full Planning Application. Katy has been breaking down the benefits of a Pre-Application to help you decide.

The submission of a Pre-Application enquiry can be a great way to foster good working relationships with Officers and importantly secure contact information for key Council staff which can be invaluable! Having a Teams call or even better a face-to-face meeting as part of any Pre-Application is a helpful way to introduce yourself and the project in a (hopefully) more friendly and relaxed way.

A Pre-Application submission offers the opportunity to test the principle of development and secure informal views on a scheme. Some feedback also highlights how a scheme might need to be amended to make it more acceptable prior to formal submission which is helpful to have this guidance at an early stage.

Pre-Application submissions are a great opportunity to provide high-level information about a proposal without the commitment of a full suite of technical reports being required. This allows the Council to provide an initial secure and informal view and allows them to influence proposals without the cost and resources associated with a formal application. Mostly Pre-Applications remain confidential so any proposals are not usually publicised externally which can be helpful with any local sensitivities or commercial considerations.

If a positive Pre-Application is received this can be a positive addition to support any land-sale if a site is looking to be disposed of. Whilst a positive Pre-Application is not a guarantee for future success it can be used to support any future application and sets out the positive approach that has been taken to Council engagement.

A Pre-Application submission helps to alert Officers to the potential for further formal submissions in the future. If Officers have had previous involvement with a Pre-Application enquiry it can put any subsequent submission in a more positive light as it isn’t being presented ‘cold’ to the Council. Officers often appreciate this approach.

Once a formal submission has been made following a Pre-Application enquiry, Officers will often consider this in the context of how open/flexible they are to negotiations/receiving amended/additional information. Many Councils will be more amenable to discussions if a Pre-Application was submitted initially, so beginning with this process can provide additional benefits.

A Pre-Application response can highlight any technical matters which are likely to be significant as part of any formal application to allow time/resources to be allocated prior to a submission and hopefully lessen the risk of not securing Officer support. A Pre-Application response also often provides a list of information which will be required for validation which can save time and money in the long run!

Once good working relationships have been established with Officer during a Pre-Application it can often result in early notice of any key relevant events at the Council e.g. notification of a Call for Sites which can be helpful to get ahead of the curve of the process.

Whilst there are many benefits to submitting a Pre-Application it is worth noting that receiving positive feedback from the Council does not guarantee the success of a future full planning application. 

Get in touch!

If you have any queries or would like to discuss how a Pre-Application could be a benefit for your site and interests, please do not hesitate to get in contact with Warner Planning, where we would be more than happy to advise.  

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

Categories
Industry Knowledge News Planning Advice

What are the benefits of a Site Appraisal?

Back to all

What are the benefits of a Site Appraisal?

  • Billy Lloyd

Why do we recommend undertaking a planning appraisal as the first action for a site? This provides first thoughts on the site, any constraints and what policies are going to be relevant and an early indication on the potential and quantum of development that may be achievable. Fundamentally they are about reducing uncertainty before you commit serious time or money to a site and if done correctly, they can save you from expensive mistakes and strengthen your position going forward.

A few of the key benefits from our point of view are as follows:

  • Early risk identification – You get a clear view of potential planning constraints upfront. These can include things like policy conflicts, heritage issues, access problems, flood risk, or design limitations. This helps avoid pursuing schemes that are unlikely to gain consent.
  • Improved scheme design – Appraisals help shape proposals to better align with local planning policy and site context. That means more realistic layouts, appropriate scale/massing, and fewer redesigns later.
  • Higher chances of planning approval – By understanding what the local authority is likely to support, you can tailor your proposal accordingly making it more policy-compliant, with features that the Council and local community are looking for.
  • Cost and time savings – Avoiding abortive work is a big one. Instead of submitting weak applications, at risk of refusals or delays waiting for additional information, you invest in a scheme with a stronger chance of success from the start.
  • Better negotiation position – If you’re buying or selling land, a planning appraisal gives evidence of development potential (or constraints), which can significantly influence land value and negotiations. This can provide a clearer picture in terms of the quantum of development that is achievable along with associated costs such as CIL or S106 contributions.
  • Strategic decision-making – Developers and landowners can decide whether to proceed, revise, or abandon a project based on informed insights, rather than guesswork and assumptions.
  • Supports stakeholder engagement – A solid appraisal can underpin discussions with planners, investors, architects, and consultants, with everyone working from the same informed baseline.
  • Identifies opportunities, not just constraints – It’s not just about what you can’t do, as appraisals often highlight ways to maximise value (e.g. density, alternative uses, policy hooks).

Some examples of real appraisal outcomes

We recently undertook a site appraisal in Buckinghamshire (former Wycombe Area) for a longstanding client, as part of this we looked at the site history. This revealed a plethora of enforcement matters and refused applications/appeals which would impact on what the client was looking to achieve. Whilst this does not necessarily mean the development cannot go forward, we informed the client so that they could amend their offer to the landowner accordingly so that it reflected the greater level of risk

Another site appraisal was undertaken in Dacorum, and this site in visually looked prime for residential development, however, as part of our appraisal we identified that the site was within the Chilterns Beechwoods Exclusion Zone, which prohibits any residential development that would result in a net gain in dwellings. This meant that our client could walk away from this one before they were financially committed and enabled them to invest in other opportunities. 

Alternatively, we prepared an appraisal for a site in one of the north-western London Boroughs, and this found the site to be suitable for development as was expected. But what we were able to add for the client in this instance was the local precedent of other approved schemes, which meant that a greater density was suitable for the location and they could achieve a higher quantum of development.

In short, a planning appraisal is about de-risking and strengthening a project before it formally enters the planning system and we at Warner Planning would be more than happy to see how we can assist with your projects through undertaking these initial planning appraisals.

Get in touch!

If you’re navigating the planning process and need guidance, our team would be more than happy to help and having the right planning consultant on board can make all the difference in turning complexity into clarity!

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

Can I appeal a Planning Decision in 2026?

Having a Planning Consultant involved in your appeal gives you a much higher chance of success. Warner Planning have the knowledge, experience and ethos to assess if you have grounds for an appeal and provide your case with the best possible prospects.

Categories
Industry Knowledge News Planning Advice

Planning Appeals: When to Appeal vs When to Submit a New Application

Back to all

Planning Appeals: When to Appeal vs When to Submit a New Application

  • Sophie Cairns

You've received a refusal, what can you do next?

Receiving a planning refusal can be frustrating, particularly when time, cost, and project momentum are all at stake. One of the first questions many applicants ask is: should we appeal the decision, or would it be better to submit a fresh planning application?

The right route depends on several factors, including the reason for refusal, the strength of your planning case, and how quickly you need a decision. Below we explore whether an appeal is appropriate, when a resubmission may be the smarter option, and the key timelines you need to be aware of.

What is a Planning Appeal?

A planning appeal is a formal process where an applicant asks the Planning Inspectorate to review a local authority’s decision. The appeal is assessed independently, and the Inspector can either uphold the refusal or grant permission.

Appeals are most commonly submitted following a refusal, but they can also apply to non-determination (where the council fails to decide within the required period) or certain planning conditions.

When is it worth making an appeal?

Appeals can be highly effective in the right circumstances, particularly when the refusal is based on planning judgement rather than clear policy conflict.

 

When the refusal is unreasonable or inconsistent

If the local authority’s decision appears inconsistent with local policy, national guidance, or previous decisions in the area, an appeal may be worthwhile. Inspectors will often give weight to precedent and consistency, particularly where similar schemes have been approved nearby.

 

When the proposal is policy-compliant

If your application aligns with planning policy and the refusal is based on subjective concerns (for example, over design, scale, or impact), an appeal can be a strong option.

 

When negotiation has already been exhausted

Sometimes councils refuse an application even after revisions have been submitted. If it’s clear that further negotiation is unlikely to resolve the issue, an appeal can provide a more objective route forward.

 

When conditions could solve the issue

If the refusal relates to matters that could reasonably be addressed by planning conditions (such as materials, landscaping, or minor layout details), inspectors may be more likely to allow the appeal.

 

When timing is less critical

Appeals can take several months, so they tend to suit applicants who are willing to wait in exchange for the chance of overturning a decision.

A successful appeal site in Essex

When Submitting a New Application Might Be Better

In many cases, a fresh application is quicker, cheaper, and more strategic than going through an appeal.

 

When the scheme needs meaningful changes

If the refusal highlights genuine design issues or policy conflicts, you may be better off adjusting the scheme and resubmitting. Appeals generally work best when the proposal remains broadly the same and can be defended as acceptable.

 

When there are multiple refusal reasons

If an application is refused on several grounds (for example, design, highways, amenity, and ecology), an appeal can become more complex and less predictable. A resubmission allows you to resolve these issues directly.

 

When new evidence is needed

If the council refused the application due to missing or insufficient supporting information (such as flood risk, transport, heritage, or ecological assessments), submitting a stronger application with the correct documents may be the most efficient solution.

 

When speed matters

A revised application can often be determined faster than an appeal, particularly if the local authority is supportive of the updated proposal. If your project is time-sensitive, resubmission is often the better route.

 

When the council has indicated support for a revised scheme

Sometimes a refusal comes with a clear message that approval could be possible if specific changes are made. In those situations, resubmitting can be a far more predictable route than appealing.

Key Factors That Help Decide: Appeal vs Resubmit

When deciding which approach to take, the following questions are useful:

How strong is the planning case?

If the proposal complies with policy and the refusal is debatable, an appeal may be worth pursuing. If it clearly conflicts with policy, a resubmission with amendments may be more realistic.

Can the issues be fixed through design changes?

If a small adjustment could address the refusal reasons, a new application is often more practical. If the changes would undermine the project’s viability or original goals, an appeal may be preferable.

What is the relationship with the planning authority?

If communication has been constructive and the case officer is open to revisions, a new application is usually the best next step. If the decision appears unfair or inconsistent, an appeal may be the right option.

How important is cost certainty?

Appeals can involve consultant time, statements of case, and potentially hearings or inquiries. A revised application may have a clearer and more controlled cost structure.

What is the risk appetite?

Appeals carry uncertainty. Even a well-argued appeal can be dismissed if the inspector agrees with the council’s interpretation of impact or policy.

Achieve planning permission with Warner Planning

Planning Appeal Deadlines: Key Timelines to Know

One of the most important factors is that appeals must be submitted within strict deadlines.

In most cases:

  • Householder appeals must be submitted within 12 weeks of the decision notice.
  • Most other planning appeals must be submitted within 6 months of the decision notice.
  • Appeals against non-determination must be submitted within a set period after the council’s decision deadline passes (often within 6 months of that deadline).

Missing the appeal window usually means losing the right to appeal altogether, so it’s important to act quickly after a refusal.

Considering the “New” Appeal Process, (and Why Early Preparation Matters)

The planning appeals process has been evolving, with an increasing emphasis on submitting complete, robust documentation from the outset. In practice, this means applicants need to think early about how a proposal may be defended if it goes to appeal.

Even if an appeal isn’t the intended route, submitting a well-supported application (with clear justification, policy assessment, and appropriate technical reports) can strengthen your position significantly later on.

This is becoming particularly relevant as the system increasingly focuses on efficiency and reducing delays caused by missing information.

We’ll be covering the updated appeals process in more detail in a separate post!

Can You Both Appeal and Submit a New Application?

In some cases, yes. Applicants sometimes submit an appeal while also preparing a revised application, particularly if time is tight or there is uncertainty around the council’s willingness to approve amendments.

However, this should be handled carefully, as pursuing two parallel routes can increase professional fees and may complicate strategy. The best approach depends on the specific site, planning history, and refusal reasons.

Final Thoughts: Choosing the Right Strategy After a Refusal

As a general rule:

  • Appeal if the scheme is sound, policy-compliant, and the refusal appears unjustified.
  • Resubmit if revisions or additional supporting evidence can realistically resolve the council’s concerns.

Either way, the best outcomes usually come from taking a step back, reviewing the refusal reasons objectively, and building a clear strategy before proceeding.

Get in touch!

If you’ve recently received a planning refusal and would like advice on whether an appeal or resubmission is the best route, we can help assess the decision and outline the most effective next steps.

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

Categories
Industry Knowledge News Planning Advice

Desk to Decision Journey

Back to all

Desk to Decision Journey

  • Tara Lewis

From Desk to Decision: The Planning Journey in Practice

The planning process doesn’t begin with certainty, it usually begins with an initial site visit. The first visit is fundamental. We’re not simply viewing land or a building; we’re identifying constraints, uncovering opportunities, and understanding access options, context, and potential risk in real time. From here, the project starts to take shape through an initial site appraisal, which brings together the planning history of the site, policy context, site constraints, physical characteristics, and an emerging planning strategy. These findings are then discussed with the client, allowing us agree the next steps.

Where appropriate, we may engage in Pre-Application discussions with the Local Planning Authority, allowing us to test the proposal early, gain initial feedback, and identify potential issues before progressing to a formal submission. This often helps to reduce risk and improve certainty.

Next step, technical input!

Once we have a clear understanding of the site, we engage the wider consultant team, including transport, ecology, drainage, heritage, and design specialists (where appropriate and required). This stage is where quotes are reviewed, scopes are refined, and early assumptions are challenged. This is where the initial concept starts to take shape, with design and technical work evolving alongside one another in an iterative process.

As technical work progresses, our role becomes one of coordination and critical review. We assess each report, challenge conclusions where necessary, and ensure consistency across the project. At the same time, we begin preparing the planning statement, which acts as the narrative that holds the entire application together.

At this point, clarity starts replacing uncertainty. We define what is being proposed, why it is appropriate, and how it responds to both policy and place. We work closely with the architect to ensure drawings are finalised, technical reports are aligned, and every document is checked to ensure that any given application is as robust as possible, complete, and ready for submission.

However, submission does not mark the end of the process!

Following submission, we are responsible for managing the validation process, ensuring all documentation meets the Local Planning Authority’s requirements to avoid unnecessary delays. Once validated, we monitor consultee responses and review feedback as it arrives. It is the case that some of the comments are straightforward, but others require careful consideration. Where necessary, we prepare rebuttals, which respond clearly and professionally, addressing concerns, challenging assumptions, and reinforcing the planning case without unnecessary complexity.

Achieve planning permission with Warner Planning

Behind the scenes, the application is assessed by an allocated Case Officer and depending on the scale or sensitivity of the proposal, may be determined under delegated powers or presented to Planning Committee for decision. And what comes next… the decision!

An approval or refusal marks the end of one journey and the beginning of the next. But in many cases, our involvement doesn’t stop there. We often continue to support clients through post-decision stages, including discharging planning conditions, addressing planning obligations, or managing appeals where required.

From desk to decision, the journey is rarely linear, but it is always deliberate. When done well and effectively, every stage plays its part in reaching a robust and defensible outcome.

Get in touch!

If you’re navigating the planning process and need guidance, our team would be more than happy to help and having the right planning consultant on board can make all the difference in turning complexity into clarity!

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts

Meal Box Packing at St Mark’s Meals

The Warner Planning team spent time packing meal boxes which go out to local schools and community groups in Milton Keynes and are then distributed to families in need to ensure children do not go to bed hungry. 

Categories
Industry Knowledge News Planning Advice

Planning Myths: Decision Making

Back to all

Planning Myths: Decision Making

  • Katy Lycett

Decision Making in Planning - Quality vs. Quantity

There is a long-standing misconception that if a planning application is submitted which is not supported locally, the best way to prevent it from succeeding is to submit large numbers of letters/petitions of objection to the Council in response. However, the number of representations made in objection (or support!) of an application does not automatically mean that it will be refused (or approved!).

The amount of correspondence can however trigger an application being determined in a public meeting (Planning Committee) rather than at Officer level (Delegated Decision). Again, this does not mean that the application will be refused/approved however a Committee decision will mean that elected Members of the Committee, supported by the Chair of Committee and Council Officers, will discuss and debate the proposal in a public setting and it will add an additional layer of scrutiny.

A Committee meeting may also give the opportunity for a number of public speakers (procedures for this are managed by the Council’s Democratic Services/Committee Manager) to present their thoughts on the application to the Committee, Officers and any attendees. The Case Officer will have prepared a Committee Report with an Officer recommendation which will then be discussed. Members of Committee who discuss the proposal must ensure however that any decision they make is based on relevant planning policy, guidance and material planning considerations. A large number of public objections would not be a sufficient reason to refuse or approve an application unless there are substantial planning grounds to accompany this.

When does an application go to Planning Committee?

The number of representations needed for Officers to take an application to Committee is usually set out in the Council’s agreed Scheme of Delegation. This will vary from Authority to Authority. In most cases between 90-95% of submitted applications will be determined under Delegated powers with a report and recommendation made to a Senior Officer/Team Leader/Manager who has authority to issue decisions ‘in-house’. In certain circumstances, should an application be deemed to be significantly controversial or significant, it can be agreed between Officers and the Chair of Committee for it to be brought before Planning Committee on the grounds of public interest/significance.

Keeping representations relevant

If an application is being considered and a representation (comment) is made, either against or in favour, the Case Officer will review this submission to extract the material planning considerations. Our previous article sets out the valid planning considerations and also those which aren’t valid, for example the impact on property prices.

The key for all involved parties is to focus on relevant planning matters. Whilst communities may wish to submit correspondence directly to the Council to express their views it is important to be aware that whilst this may impact the process and format in which an application is determined it will not necessarily result in an application being determined in-line with their views. It is also helpful to mention that should an application be refused either by Committee or via a Delegated Decision the applicant will still have a Right of Appeal which will be dealt with via the Planning Inspectorate so a refusal does not necessarily mean that the application won’t be permitted at a later date through the Appeals process.

Achieve planning permission with Warner Planning

Public engagement

The Planning Process does encourage public engagement, and publicity is carried out when an application is first validated to notify those who would be most impacted by the proposed development. This publicity can be in various forms depending on the proposal, the location and how each Authority arranges their communication. It could be letters posted to individual properties, site notices displayed or notifications in the local press.

How can Warner Planning help?

Many people now choose to appoint a Planning Consultant to support them through the planning process particularly when preparing submissions to the Council to secure planning consent. Interested third parties can also appoint a Planning Consultant to prepare and submit comments on their behalf in response to a planning application that they have been notified of. Warner Planning have previously prepared representations on behalf of Parish Councils, community groups and individuals as part of the planning process.

Get in touch!

If there is a potential project which you would like to discuss in more detail, please do get in touch. If you are seeking support with making a representation on a current application as an interested party we would love to hear from you to see how we can assist!

How to get in touch…

Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.

If you think you need support with your project, we’d be happy to help.

You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.

T: 01908 592580
E: info@warnerplanning.co.uk

Recent Posts