When a Planning Appeal is Dismissed - it does not mean the end for development.

At Viable Placemaking, we’re proud to have helped secure full planning permission for a major mixed-use commercial development in the south east - transforming a previously dismissed appeal into a successful, deliverable scheme.

The Setback

In early 2023, the Planning Inspectorate dismissed an appeal for a substantial commercial proposal on the site. The decision highlighted several critical concerns:

• The sustainability of the site’s location

• Transport and accessibility

• Public safety considerations

• Drainage and surface water management

  
  

While some of these issues had been partially addressed, the Inspector concluded that key deficiencies remained - and the appeal was dismissed.

The law on planning appeals is clear - unless the appeal decision includes a legislative error - the appeal decision is final. 

Although an appeal decision is final - it does not mean the end for a development. 

Enter: Viable Placemaking

Undeterred, the scheme architect reached out to Viable Placemaking to review the appeal decision and explore a way forward. We carried out a detailed review, asking two key questions:

1. Was there a legal flaw in the decision?

2. Could a revised or more robust proposal overcome the objections and be supported by the Council?

The answer to the first was clear - no legislative error had occurred. But the second showed promise.

We identified a route to resubmission, provided that the new scheme took a more robust approach to the sustainability of the location and public safety planning.

The Resubmission

Viable Placemaking took on the role of project manager, coordinating a revised submission that directly addressed the Planning Inspector’s concerns. The new planning application was supported by:

• A detailed Planning Statement and Economic Impact Assessment prepared by Viable Placemaking

• A comprehensive Active Travel Plan to improve accessibility

• A proactive Emergency Planning Strategy to bolster public safety

The Decision

Following a thorough review, the Council concluded that our revised scheme had "succeeded in overcoming the salient past objections" - and granted full planning permission.

This case is a powerful reminder that while a dismissed appeal may feel like the end, it can be the beginning of a better, stronger, and ultimately successful scheme - with the right advice and expertise.

If you would like to learn more about this project or how we might help support your scheme, please don't hesitate to get in touch. We specialise in unlocking complex sites and giving viable developments a second chance.