I am have 4 items requiring solutions.
1) I have waited 3 years to have pre-commencement conditions signed off. All signed off one by one in writing but no sign of either a Discharge Certificate or a Certificate of Lawfulness. I am about to submit a Deemed Discharge letter, but what happens when, as I expect, nothing comes back? Iis my letter then my legal status, so to speak, because there is no way through the planning portal for a DD application, or is there?
2) I have waited 1 year to have conditions signed off, so same as above. I had a scheme (1) and then with a MMA varied that scheme and had a 'new' set of conditions attached, which are actually the same ones as above, rewritten. As above, the planners say 'next week' over and over and over. Both applications were officially submitted through the PP. So, a second DD letter and what about my Certificate of Lawfulness?
3) New build. Adjacent to the above scheme I have asked to build 3 houses. This was turned down (3 months after the decision date was passed) on grounds that show that no one actually looked at the site. I am appealing the decision, but who then decides the application - the Secretary of State? Or does the SS say, for example, "we think this was an error" and send it back to the council? Does it ever, for example, go to committee?
4) After the new build was turned down, I was invited to reduce to 2 houses (this is a site that previously had 8 houses) but we were told that it would be turned down because of parking issues (despite the fact that the new build will use the same car park as my permission in no. 1, which is no longer being built, because we are going ahead with no. 2 plan in which we reduce the no. of units and therefore need only half the car park that exists and is live, within permission 1) I then reduced my application for 3 houses to 1 house and the deadline for decision is now passed. There was a committee date set and put online, but this has now been removed and the planner has written to say that there is no plan for the application to go to committee. It therefore looks like a refusal will go up any day (we know that if the planners had recommended permission be granted, it had to go to committee). Do I appeal on non determination or wait for the decision before appealing? And again, will this decision then be made by the SS or will they simply send it to the council for another determination?
1) I have waited 3 years to have pre-commencement conditions signed off. All signed off one by one in writing but no sign of either a Discharge Certificate or a Certificate of Lawfulness. I am about to submit a Deemed Discharge letter, but what happens when, as I expect, nothing comes back? Iis my letter then my legal status, so to speak, because there is no way through the planning portal for a DD application, or is there?
2) I have waited 1 year to have conditions signed off, so same as above. I had a scheme (1) and then with a MMA varied that scheme and had a 'new' set of conditions attached, which are actually the same ones as above, rewritten. As above, the planners say 'next week' over and over and over. Both applications were officially submitted through the PP. So, a second DD letter and what about my Certificate of Lawfulness?
3) New build. Adjacent to the above scheme I have asked to build 3 houses. This was turned down (3 months after the decision date was passed) on grounds that show that no one actually looked at the site. I am appealing the decision, but who then decides the application - the Secretary of State? Or does the SS say, for example, "we think this was an error" and send it back to the council? Does it ever, for example, go to committee?
4) After the new build was turned down, I was invited to reduce to 2 houses (this is a site that previously had 8 houses) but we were told that it would be turned down because of parking issues (despite the fact that the new build will use the same car park as my permission in no. 1, which is no longer being built, because we are going ahead with no. 2 plan in which we reduce the no. of units and therefore need only half the car park that exists and is live, within permission 1) I then reduced my application for 3 houses to 1 house and the deadline for decision is now passed. There was a committee date set and put online, but this has now been removed and the planner has written to say that there is no plan for the application to go to committee. It therefore looks like a refusal will go up any day (we know that if the planners had recommended permission be granted, it had to go to committee). Do I appeal on non determination or wait for the decision before appealing? And again, will this decision then be made by the SS or will they simply send it to the council for another determination?
