Planning Permission Rejected – Advice Needed on Next Steps (Appeal or Resubmit?)

[dlh1987]

Hi all,

Hoping someone here can offer some advice or share their experience. Our planning application was recently rejected, and we’re unsure about the best next step — whether to appeal or resubmit.

The deadline for the decision was 29th April 2025. We met all the usual requirements except for one objection raised under Drainage, due to a recent update in the Environment Agency’s surface water flooding data (updated in March 2025). Our site is now shown within flood zones 3a and 3b (medium/high risk).

The planners said our Flood Risk Assessment (FRA) was no longer sufficient and requested a revised, more technical version - but we only received that request on 25th April, just two working days before the deadline. No prior notice was given about the data change, and our architect was surprised this technical detail is requested during planning permission stage.

Instead of granting a short extension to allow us to provide the updated FRA, they rejected the application outright on the 29th. We feel this was unfair, especially given how last-minute the request was.

We’re really keen to move forward with the project (we’re renting and under financial pressure to start soon). So now we're stuck between two options:

• Appeal the decision, on the grounds that we weren’t given a fair chance to respond to the updated requirements.
• Resubmit the application, this time with a revised FRA addressing the new flood data.

Has anyone here been in a similar situation, or does anyone know which option is likely to be faster or more successful? Any advice would be hugely appreciated.

I don’t have experience but I would have thought you should speak to the planning office and ask them about timescales for both options.
You’re sure going to have to have the new report done either way.

I don’t think it’s worth appealing on the basis of a technicality . I would ring the planners and ask about a resubmission with the additional information. I think it would be hugely unfair to make you start from scratch .

Thanks! We tried to speak to the planning office via phone or email however no response. I am not sure if it is experience shared by others or we were unlucky in this circumstance. We will get the report done regardless but will need to make a decision to appeal or resubmit fairly quickly.

Resubmit with the info needed - an inspector will likely dismiss an appeal if that info is not provided, as it is national planning policy.

You should be able to resubmit without paying a fee, if the previous application was the first one submitted…

Appealing for these reasons is pointless. If you want to get the planning permission then re-submit and meet the requirements they’ve set out.

The 'free go' planning application is no longer in place. The government changed that in Dec 23.
But even so I would suggest that a resubmission would be a better option. As PP says the inspector would dismiss on the same lack of information as the council. They generally don't allow the submission of any new information with an appeal.

Free gos disappeared in 2023.

Being in Flood Zone 3 is pretty onerous. Expect to have to change your plans as well as have a new survey done. That’s why you got a refusal, it’s a start from scratch scenario.

If it’s any consolation, the Council didn’t know that the EA were about to release all the new flood maps either.

Urgh - forgot the ‘free go’ was not free anymore… ignore me…

Thank you everyone. It looks that resubmitting would be a better option in this case.

The planning inspector isn’t going to allow the appeal ‘on the grounds that you weren’t given a fair chance to respond to the updated requirements’ 😂

Sorry if this is a little late advice! At the moment appeals are taking such a long time it sounds like resubmitting would be quicker. It also depends on whether the proposal would need any changes following the FRA. As other people said being in flood zone 3 is pretty onerous, so if any changes are required as a result you cannot change the plans as part of the appeal process. It sounds like it would be worth getting the FRA done, make sure everything still looks good with the scheme, and resubmit.
Also to add I’m sorry that the council just refused your scheme like that, it’s usual courtesy to wait to hear from an applicant whether they can or cannot provide the additional information requested before refusing so it’s a really frustrating position they’ve put you in!