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Planning Decision - Non Detemination

Discussion in 'Building Regulations and Planning Permission' started by brubaker, 9 Sep 2021.

  1. brubaker

    brubaker

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    That is a strong statement.

    Can you tell us why you feel that way or why you feel that other people might feel that way?

    I certainly care and so do the people who are in similar situations to me.
     
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  3. kingandy2nd

    kingandy2nd

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    I care (y)

    Have you got a link to the planning application?
     
  4. ^woody^

    ^woody^

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    Whilst predominantly indifferent, I am more mildly curious about the other half of the story, rather than full on caring.
     
  5. brubaker

    brubaker

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    After some research, there are several ways a property can be sold without approved planning:

    1 - The developer has convinced the estate agent and/or buyer that planning approval will be given retrospectively. There is a s.73 in place, but this infact should be a s.73a, therefore this makes the planning application unlawful. There is some interplay between both application types, but in this case (counsels opinion), a s.73a should of been the correct application used.

    2 - The buyer has been advised he/she can take out an indemnity insurance policy which covers the buyer should any enforcement or legal action be taken. This seems common practice to address the absence of planning permission.

    However, to get the indemnity policy, the developer will need to confirm that the work was completed more than 12 months previously and that the property has been used as a residential dwelling for at least those 12 months.

    As far as I know this is not the case, unless fraudulent information was provided or somehow the rules surrounding indemnity policies has been relaxed.

    The application status is "Awaiting Decision", and has been like this for over 6 months. I have requested information via an FOI from the council.

    Anyone with experience of this?
     
    Last edited: 11 Oct 2021
  6. kingandy2nd

    kingandy2nd

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    Could it just be an admin thing? Planning was granted but the council have failed to update.

    Have you had an actual conversation with anyone at the council?

    You mentioned legal letters, sometimes these are deliberately not replied to in case it leads to being evidence in future ligation. Call the council planning and have a chat.

    I’m surprised your MP would not be interested too. Write again, referring to previous correspondence and copy in the minister for housing and planning.

    If/when a decision is made this could be a candidate for a judicial review.
     
  7. brubaker

    brubaker

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    Thanks for the response and suggestions.

    >>Have you had an actual conversation with anyone at the council?
    The council ignore any emails from myself or legal and they are not available for a telephone conversation.

    >>You mentioned legal letters, sometimes these are deliberately not replied to in case it leads to being evidence in future ligation. Call the council planning and have a chat.
    Yes agree with this. I will try and call again, but a good chance of being fobbed off.

    >>I’m surprised your MP would not be interested too. Write again, referring to previous correspondence and copy in the minister for housing and planning.
    Worth a try.

    >>If/when a decision is made this could be a candidate for a judicial review.
    Certainly is a candidate for a JR, however if the Council don't make a decision, then there can be no JR. The evidence I have is substantial. I have sent in an FOI to establish what the situation is. It will probably have to go for an internal review no doubt as have others.





     
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  8. Lucas01789

    Lucas01789

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    I'll just put my oar in fwiw. Where I work (I work for a Council Planning Department) we would never initiate Enforcement action in cases where a planning application has been submitted and is undetermined. To do so would invite a charge of maladministration from the Ombudsman. We would just advise the developer that the work they've done is unlawful and that any unauthorised development is done at their own risk.
     
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  10. brubaker

    brubaker

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    I would read the thread from the beginning if you haven't already done so, to get a clearer picture.

    I don't want to get into the nitty gritty of this case. But the lawyers have already established that enforcement action should of been taken. However the council have ignored all of the evidence and letters so far, thus the apparent non-determination. There is definitely cause for a JR.
     
  11. Lucas01789

    Lucas01789

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    Well, it would depend upon the policy of the Council in question. I'll just clarify that the Council I work for would never initiate Enforcement action in cases where a planning application has been submitted and remains undetermined (it's different for Listed Buildings because criminal law then comes in to play).
     
  12. brubaker

    brubaker

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    I am not talking about Policy, rather the Town and Country Planning Act.

    They haven't even responded to the FOI despite more than 40 days have elapsed. Are they that busy :)
     
  13. freddiemercurystwin

    freddiemercurystwin

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    Perhaps they don't care either.
     
  14. jeds

    jeds

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    I'm not convinced this is the situation here. My guess is that PP has been approved for an original scheme and the undetermined PP in question is for amendments to that scheme.
     
  15. brubaker

    brubaker

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    The truth always prevails!
    100%
     
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