Can I Reapply for Planning Permission Free of Charge?

17 November 2021
by Fausto Rinaldi

My planning application has been refused twice before. I can adjust the design to give it another chance, but I can't afford to pay the fee for another planning application.

One of the reasons I was refused planning was due to a supplementary fee that was required. I had paid the fee that was shown to me via Planning Portal after completing the online form and attached all the relevant documents. However, according to the council: the site resides within a 0-6.2km buffer of the Epping Forest Special Area of Conservation (SAC). Given the proposal would result in the creation of a new dwelling a screening assessment would be carried out by the LPA under the Habitat Regulations to assess the impact of the development on the SAC, subject to an approval. The fee would be a total of £120 (£30 x 1 unit + £90 monitoring fee). This has not been included in the application and is therefore refused on this basis.

Another reason for refusal was due to CIL: The scheme proposes to create a new dwelling unit, so is CIL liable (both LBR and MCIL2). The proposal would therefore not comply with policy LP7 Criteria 2 paragraph (a) and (b), LP26 paragraph (b), (d), (j) and (m) and LP29 paragraph Criteria 1 (a), Criteria 2 (c) of the 2018 Local Plan.

Can I resubmit a planning application for the third time free of charge?

2 Answers

  1. Anamika Talwaria says:

    Hi Fausto,

    Thanks for your question. I’ve reached out to our Build It experts for comment and will come back with an answer ASAP.

    Best wishes,
    Anamika Talwaria (Build It features editor)

  2. Mike Dade says:

    You get one free go, provided your scheme is broadly similar to that which was refused first time around. So you would unfortunately have to pay the council’s application fee for a third application. Bearing in mind the reason for refusal involving the supplementary fee, it appears this would have to be paid up-front as well. On CIL, you normally have to submit a ‘CIL Questions’ form with an application, regardless of whether you might subsequently be claiming an exemption. Doing so should overcome the CIL based reason for refusal.

    Mike Dade (Build It planning expert)

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