Paragraph 5 Ground 4 (other consent, permission or authorisation refused)
The relevant development began before Natural England accepted the request to pay and—
the relevant development requires a consent, permission or other authorisation which was not in place when Natural England accepted the request to pay and to which a disapplication of an environmental obligation applies,
the first application for such consent, permission or other authorisation has been refused,
no such application has been granted, and
one or more of the following apply—
the time limit for an appeal against, or judicial review of, the refusal has ended without such proceedings being brought;
an appeal against, or judicial review of, the refusal has concluded and the refusal was not reversed or quashed;
the applicant for planning permission does not intend to bring an appeal against, or judicial review of, the refusal.