Row of cows at farm in Shropshire

Planning appeal – a refusal is not the end of the road

15/02/21Planning appeal – a refusal is not the end of the road

Applying for planning permission can be a tricky process, and is potentially full of pitfalls if you are not familiar with how the planning system works. Many people assume that a planning refusal is the end of the process but that is not always the case. One in three planning refusals are overturned on appeal. This shows that the decision-making process is not always black and white and there is much within the planning system that is open to interpretation.

Initial submission

If you think you would benefit from some expert advice, our property specialists can lodge an appeal for you. Here is what happened when we appealed on behalf of one of our clients, who received a negative decision from their local council’s planning department.

The planning application for Outline Planning was sought by our client at the property St Kilda, on Fagl Lane in Hope, Wrexham. The local council jurisdiction was Hope Community Council, but the planning application had to be submitted to Flintshire County Council for approval. We undertook initial feasibility and design and sought an outline approval to alter an existing dwelling to reduce the frontage, make provision for a new access a minimum 4.5 metres wide, and to build four detached dwellings on the site. The existing site is 1,894 square metres in area.

Appeal submission

When the outline planning was submitted in October 2019, it was turned down by Flintshire Council in June 2020. The main reason for the refusal was identified as the ‘impact of the proposed development on the character and appearance of the area’. The area is currently a large mown area to the rear of the property near two neighbouring houses. There are individual dwellings and a housing estate already sited in the locality. The existing properties in Fagl Lane are large dwellings with spacious gardens. The addition of four new dwellings in such a small area as the existing site in question was deemed inappropriate for the area by the Council. There were also questions about the privacy of adjoining properties and gardens in the area, and also the impact on foul water drainage capacity of four additional properties.

We submitted an appeal document to Flintshire County Council on our client’s behalf. We outlined where we thought the strengths of the proposed development lay, including that in our view:

The proposed scheme fully respects the owners of neighbouring properties, whilst achieving a sensible level of efficient use for the land.

Appeal success

As a result of our written representation for our client, the refusal has been overturned, and permission has now been granted, with certain conditions attached to how the development of the site proceeds. These conditions include that details of the access, appearance, landscaping, layout and scale of any development will be submitted and approved in writing by the local planning authority, before any development begins. Issues relating to foul water drainage will also have to be addressed and approved before any development commences.

Following the permission being granted, the site owner can now proceed to sell the property, with outline planning included in the particulars as an added benefit. We will market the plot, in our capacity as an estate agency.


If you’d like help with securing planning permissions of all types or would like to launch an appeal against an existing decision, then please get in touch with us today.

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