Planning dept missed 8wk deadline - what now?

[rossirossi]

I wonder if someone can offer some advice

Planning permission deadline for the council was yesterday 18th may (fairly simple, building a new house at bottom of garden & website says under important dates deadline is the 18th) They have yet to make a decision. Website has not been updated either. I have tried to look into this without winding up the planning officer. I can supposedly appeal as they missed deadline but would that actually help my case? Chances are they are going to turn this down.. Can I not just start building assuming they didn't get back to me within the allocated time?

 

[cjard]

You can start building any time you like but you'll still be breaking the law. Yep, you can appeal to the inspectorate on grounds of no determination, whether it will improve your chances of a pass or not is for you to decide. Planning departments routinely pass the deadline, most often they write encouraging you to withdraw "or else they will refuse" because a withdrawal counts towards their stats as "dealt with in time" but yours have just sailed past, now have a black mark against their performance and might well not care so much. Ring em up and ask them if there's anything you can do to help the case along, or leave it to see if it gets all the way to 26 weeks and get a refund on the fees (and still have your planning app) and then chivvy them along. Start building only if you think there's a realistic chance of a pass and you have nothing better to do with your time

 

[tony1851]

Can I not just start building assuming they didn't get back to me within the allocated time?

Before 1947 you could do that, but not now.

You either appeal on the grounds of non-determination, or sit tight and wait.
The eight-week 'deadline' is not hard and fast, and many applications drift over this time limit.

If you appeal, you will be in for many weeks wait - it may be quicker to try and come to some compromise with the planning officer.

 

[rossirossi]

I appreciate the reply chaps.. Thanks for your time!

 

[jeds]

Going past the deadline means nothing really. If you think it's going to be a no I'd wait for the decision so you know the reasons why before launching an appeal. Only appeal for non-determ' if you get weeks and weeks past and they refuse to issue a decision.

 

[Nakajo]

It's difficult to prepare Grounds for Appeal until you have a received the LPA's Reasons for Refusal. That said, given that there is presently a 10 week delay on the part of the Planning Inspectorate registering Appeals, I would be tempted to submit an appeal anyway - but be prepared to withdraw it in 4 or 5 weeks when (hopefully) you finally receive a favourable Decision.

I guess the issue hinges on whether you can even *submit* an Appeal without including the Grounds for Appeal. The Planning Portal probably has this information.

 

[^woody^]

It's difficult to prepare Grounds for Appeal until you have a received the LPA's Reasons for Refusal.

The appeal would be for non determination by the council, not appealing their decision.

Essentially, such an appeal lets the planning inspectorate decide whether to approve the plan or not.

 

[Nakajo]

rossirossi - Is the target decision date the same as the Statutory Expiry date? You would expect the TDD to predate the Expiry but some local authorities regularly post TDDs well after the Expiry! I know. Nuts, right? Either way, the Statuory Expiry Date is the important one.