Hi guys
I need advice on the above, specifically that the Council have failed to make a decision on a planning application/development adjacent to my property. It is my understand that as part of s.78(2) Town and Country Planning Act 1990, if a decision has not been made in a specified timeframe, then it becomes a "Non Determination" application and the defendant (presumably the developer) has the right to appeal to the Secretary of State.
In this scenario it would not be advantageous for the defendant to appeal, as the application is incorrect/invalid (e.g. wrong type of application and application does not represent what is actually been built on site). However, as the development does affect my amenity; one example would be that the development is too close to my boundary (not on the approved drawings), I has been unable to persuade the Council make an enforcement action or even a decision so I could then later initiate a Judicial Review.
If a planning application is a "Non Determination", what are the implications for the developer?
What remedies do I have as the neighboring resident?
One remedy would be to report this to the Ombudsman, which could take years, but my main goal is to have enforcement action taken and for the application to be withdrawn and resubmitted as a new application to be reviewed by a committee, in which currently it has not due to the application amendment type.
Any advice would be much appreciated.
I need advice on the above, specifically that the Council have failed to make a decision on a planning application/development adjacent to my property. It is my understand that as part of s.78(2) Town and Country Planning Act 1990, if a decision has not been made in a specified timeframe, then it becomes a "Non Determination" application and the defendant (presumably the developer) has the right to appeal to the Secretary of State.
In this scenario it would not be advantageous for the defendant to appeal, as the application is incorrect/invalid (e.g. wrong type of application and application does not represent what is actually been built on site). However, as the development does affect my amenity; one example would be that the development is too close to my boundary (not on the approved drawings), I has been unable to persuade the Council make an enforcement action or even a decision so I could then later initiate a Judicial Review.
If a planning application is a "Non Determination", what are the implications for the developer?
What remedies do I have as the neighboring resident?
One remedy would be to report this to the Ombudsman, which could take years, but my main goal is to have enforcement action taken and for the application to be withdrawn and resubmitted as a new application to be reviewed by a committee, in which currently it has not due to the application amendment type.
Any advice would be much appreciated.