LDC and withholding of material information

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The applicant made an application for a pre-advice about a proposed development and paid a fee for it. The pre-advice given by the LPA says that a specific kind of planning condition should be imposed to the proposed development.

Following this pre-advice the applicant made an application for planning permission concerning the same development which was granted but with conditions attached which are the same as those given in the pre-advice.

Then the applicant made an application for a LDC for the same development by filing a form where he was asked if he has obtained any kind or assistance or a pre-advice. The applicant lied in his application form because he said that no pre-advice application was made. The application form made reference to whether or not a pre-advice was sought. Hence the fact that a pre-advice was given is material information and the applicant by having withheld it has committed an offence.

The issue is to know if the subsequent planning permission with planning conditions attached was also material information and if the applicant has also committed an offence by concealing it to the LPA when he made his application for a LDC
 
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Why did he apply for an LDC if he already had planning permission for the development?
Don't see what the problem is.
 
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There is a box to tick so if the applicant ticks the box which says no even though he has made a pre-advice application he will mislead intentionally the Local Planning Authority what is an offence according to Section 194 of the Town and Country Planning Act.

If the pre-advice says that permitted development is not possible because a planning condition is necessary for a specific development this will be very embarrassing for the applicant of the LDC which has issued this application to have confirmation that he is entitled to permitted development right for this development. And it is why he can conceal this pre-advice to the Local Planning Authority. This is true also for the planning permission if it confirms the pre-advice because planning condition has been attached to this planning permission concerning this specific development

The applicant wants to overcome the planning conditions imposed on his planning permission it is why he has made an application for a LDC and concealed from the Local Planning Authority the existence of this pre-advice and of the previous planning permission with planning conditions attached
 
There is a box to tick so if the applicant ticks the box which says no even though he has made a pre-advice application he will mislead intentionally the Local Planning Authority what is an offence according to Section 194 of the Town and Country Planning Act.

If the pre-advice says that permitted development is not possible because a planning condition is necessary for a specific development this will be very embarrassing for the applicant of the LDC which has issued this application to have confirmation that he is entitled to permitted development right for this development. And it is why he can conceal this pre-advice to the Local Planning Authority. This is true also for the planning permission if it confirms the pre-advice because planning condition has been attached to this planning permission concerning this specific development

The applicant wants to overcome the planning conditions imposed on his planning permission it is why he has made an application for a LDC and concealed from the Local Planning Authority the existence of this pre-advice and of the previous planning permission with planning conditions attached

Looking at your first paragraph; your friend will not have committed a criminal offence merely by ticking the 'no' box; if there was a pre-app. meeting, the council will have a record of it anyway, so there would be nothing to hide. The offence occurs if he wilfully omits information material to the application itself (eg pretends he owns the property when he does not).

As for the rest of your post, I'm afraid I cannot understand a word of it.
 
The applicant wants to overcome the planning conditions that are imposed on his planning permission because they prevent him from doing what he wants. It is why he has made an application for a LDC. Obviously he has to hide the pre-advice and the previous planning permission which make reference to these planning conditions.
 
Pre advice doesn't matter apart from showing he has jumped through some of the hoops to be jumped through. Its impossible to hide the previous application as it will be part of the property history as will any conditions attached.
 
However they could be overlooked because the planning officers are very busy and the planning history of some properties are very big. This is evidenced by the fact that the Local Planning Authority has devoted an entire chapter i.e. chapter 4 of the application form for a LDC to the issue of the application for a pre-advice.
 
Ticking the wrong 'pre-advice' box is not an issue - it's merely a convenience for the council so that they could look it up and hopefully come to a quicker decision.
It's not a criminal offence.
 
If the applicant would have revealed in his application form that he had already received a pre-advice which says that a planning condition is necessary for a specific development. How the applicant could have expected to get a LDC for this same development?
 
//www.diynot.com/forums/viewtopic.php?p=3209310#3209310

Then the applicant made an application for a LDC for the same development by filing a form where he was asked if he has obtained any kind or assistance or a pre-advice. The applicant lied in his application form because he said that no pre-advice application was made.
That's outrageous.

The council have no choice but to act.


The application form made reference to whether or not a pre-advice was sought. Hence the fact that a pre-advice was given is material information and the applicant by having withheld it has committed an offence.
Indeed he has. Open and shut case - the council have no choice but to act.


The issue is to know if the subsequent planning permission with planning conditions attached was also material information and if the applicant has also committed an offence by concealing it to the LPA when he made his application for a LDC
Indeed he has. The council have no choice but to act.
 
//www.diynot.com/forums/viewtopic.php?p=3209310#3209310

If the applicant would have revealed in his application form that he had already received a pre-advice which says that a planning condition is necessary for a specific development. How the applicant could have expected to get a LDC for this same development?
By doing what he did, which was to mislead and to lie.

The council have no choice but to act.
 

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