Can the Council Approve Planning Permission After its Statutory Expiry Date?

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Council seems to be bending over backwards to progress a local development, and will seemingly quite happily apply dirty tactics.
I.e: Designated the piece of land a core refuge for Brent Geese and other migrating birds in 2019, but never published it. So when it came to approving planning for the land in 2021, it was done on the basis that it wasn't a core refuge. Literally a week after planning was approved (on the basis it wasn't a core refuge), they finally published (3 years after initial decision!).

Now they are trying to amend the planning application by making access available through a narrow dead end street, as opposed to the existing field entrance.

Interestingly, application for this amendment was received on: Thu 29 Jul 2021, and has a Statutory Expiry Date of Wed 01 Dec 2021.

The land is subject to a section 106 agreement, which states the developer can't do any works between October 1st and April 1st (due to the field being used by migrating birds). Ironically once the development is in place, the birds can obviously no longer use the field... .

Due to this section 106 agreement and the full block until April 1st, both the council and the developer are clearly laying low, but getting ready to steamroll the field on April 1st. My suspicion is they'll APPROVE this Planning Application, as well as a couple others which have expired as soon as they can start building (April 1st) - to minimize objections (once the work starts on the field it's a fait accompli).

So my question is: does the Statutory Expiry Date mean anything? Or can the council still approve an application after it has expired?

More details if required: https://planningpublicaccess.havant...etails.do?activeTab=dates&keyVal=DCAPR_251498
 
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They can and do determine applications months often years after the statutory date, with the consent of the applicant.

I doubt the brent geese document wasn't published in some consultative form, and so would have been a material planning consideration. If so and they have ignored it you have grounds for a legal challenge I would have thought.

Blup
 
The planning regime is an enabling process intended to permit and encourage development, not stop it.
 

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