Paragraph 4 Ground 3 (planning permission refused)
The relevant development is to be authorised by planning permission and—
(a)
an application for planning permission for the relevant development has been refused,
(b)
no such application has been granted, and
(c)
one or more of the following apply—
(i)
the time limit for an appeal against, or judicial review of, the refusal has ended without such proceedings being brought;
(ii)
an appeal against, or judicial review of, the refusal has concluded and the refusal was not reversed or quashed;
(iii)
the applicant for planning permission does not intend to bring an appeal against, or judicial review of, the refusal.