Planning fee Question

[freddiemercurystwin]

I have a client with whom I submitted a Planning Application for a Barn conversion which was subsequently approved. The existing barn had two run down lean-to's which were to be demolished and rebuilt with flat roofs.

Said client wants to change one of the flat roofs to a gable roof. So my question is not about the likelihood that he will get planning or not (he won't) but he seems to think that if he submits a new application within 12 months it will be fee exempt. Now my understanding is that you only get another another go (under the original fee) if the first app is refused.

I know the Planning Portal online submission does not allow for any such exemption and googling suggest the same. Though I did find this page on Cornwall's website (see last paragraph) http://www.cornwall.gov.uk/environm...ions-and-amendments-to-planning-applications/

He only rang me up Friday and I have not had time to speak with the LA in question yet but what's your opinions?

 

[Tips]

Your client is correct, there's a box to tick on planning portal that says if an application is granted or refused you are exempt from fees.

It does say that the application should be the same character or description but I've changed a double storey extension into a single storey extension and still not been asked for a fee. Why the Council can charge for NMA applications or discharging conditions when you can submit the whole application again with the required information, I don't know.

Off planning portal

Is this proposal the first revision of an application for development of the same character or description on the same site by the same applicant within 12 months of making the earlier application if withdrawn or the date of decision if granted or refused (including signs only if withdrawn or refused) and NOT a duplicate application made by the same applicant within 28 days?[/b]

 

[freddiemercurystwin]

I assume you mean in here on page 8: http://www.planningportal.gov.uk/uploads/english_application_fees.pdf

 

[tony1851]

The rules say that a second application can be made within 12 months - even if the original application is approved - as long as the second application is of 'similar character or description'.

Whether changing from a flat- to a pitched roof would maintain the character of the original application is a moot point. One suspects that the LPA will take the view that it would not, and would require a fee and a new application.

 

[tony1851]

This link is the extract from the fees regulations:

http://www.legislation.gov.uk/uksi/2012/2920/regulation/8/made

 

[freddiemercurystwin]

Ahh OK, thanks tony, so I guess I tick this box on the planning Portal when selecting the fee exemption:

Untitled

• freddiemercurystwin
• 13 Oct 2014
• 1

 

[tony1851]

That's the one I'd tick; whether or not they buy it is another matter!

 

[freddiemercurystwin]

We shall see tony, we shall see .....