New data has revealed that the proportion of planning applications being approved after appeal, having initially been rejected, sat at just 18% in 2022, the lowest level seen in the last five years.
Searchland, development site sourcing specialists, analysed the number of planning applications submitted on an annual basis, what proportion were initially rejected before being appealed and the success rate of these appeals.
The research shows that in 2022, 73,515 planning applications were rejected across the UK versus 560,591 that were approved.
There are a number of reasons that may result in a planning application being rejected. These include loss of privacy due to the invasion of a neighbouring property, or loss of light, with the impact on surroundings often playing a crucial role in the rejection process.
Rejections are also common for those looking to develop listed buildings as they require additional, specific consents and planning controls.
The good news is that, should the application be rejected, you are able to appeal this decision. In such a case your options are to submit a revised planning application by meeting in the middle and addressing the concerns raised, or to appeal the decision outright.
However, the figures from Searchland show that opting to appeal in the current market may be a tougher task than in previous years.
Of the 73,515 planning applications that were rejected last year, 2,210 were appealed, accounting for 3% of all rejected applications. However, just 392 of these appeals were successful, with the original decision being overturned, a success rate of just 18%.
This is the lowest success rate seen in the last five years, falling from 28% the previous year and down from a peak of 30% seen in 2020.
Co-founder and CEO of Searchland, Mitchell Fasanya, commented:
“There are a myriad of reasons why a planning application may be rejected and these range from some of the more basic considerations such as encroachment on a neighbouring property, to the more complex such as the use of particular materials or wider environmental concerns.
In most cases, these issues should have been ironed out prior to the application being made, however, there is an opportunity to address any concerns raised and reapply by way of appeal.
However, our figures show that in the current landscape, the chances of overturning a rejected application are the lowest they have been in the last five years, with less than one in five appeals being successful.”
This also comes as recently reported as the “four-year rule”, which allows homes to be built without planning permission, is set to be replaced with a longer “10-year rule”, according to Homebuilding and Renovating.
The rule allows property owners and landowners to gain immunity from planning enforcement action by the local planning authority for unauthorised residential development that has been in place for four years.
Homebuilding & Renovating discovered that this rule is set to be changed as part of the Levelling-Up and Regeneration Bill.
In most cases, development becomes immune from enforcement if no action is taken within four years of substantial completion for a breach of planning control consisting of operational development; within four years for an unauthorised change of use to a single dwellinghouse; and within 10 years for any other breach of planning control.
These time limits are set out in section 171B of the Town and Country Planning Act 1990.
