Planning Permission Non-determination

[abusimbel]

Hello and thanks for any advice!!

We had our planning application validated early January. LPA deadline was mid-March. Our architect tried to contact the planning officer to discuss the application before they made the decision and was told to pay another fee to talk about the application. On the planning portal it states:

'The local planning authority should have constructive discussions
with the applicant and, if it has any concerns, give the applicant the
opportunity to amend the application before it is decided.'

It doesn't say anywhere that the applicant needs to pay an additional fee.

Is the planning officer correct in stating that we need to pay an additional fee to discuss the application before determination?

Another question...

If we appeal on the grounds of non-determination can we make the changes to the application we would have made after speaking with the planning officer, before we submit the appeal?

Of course since the planning officer won't speak with us the changes would be guesses based on rumours.

Thanks so much for your thoughts!!!

 

[abusimbel]

...this is a small scale residential application. 2-6 month decision timeline.

 

[^woody^]

Get another agent. One who knows the process and how to speak with planners .... for free.

How do you know that changes are required without the LPA telling you?

You can appeal, but not until the determination date has passed. You can't change anything when you appeal. You appeal on what you submitted.

 

[abusimbel]

Hi Woody,

Thanks much for your input. The determination date passed in early March. So we are well passed that.

How do you know that changes are required without the LPA telling you? ... Exactly my point. Thank you.

The language of the Planning Portal is very transparent to me so when the LPA doesn't follow what appears to be a very transparent process questions arise for me. It seems that what the government has determined should be a very transparent process is in fact not transparent at all in practice, if we are talking about something as vague as 'how one speaks for free'. They definitely don't mention that 'language' on the Planning Portal. LOL

Thanks for answering about the appeals process. Non-determination and a refusal are treated the same way, although changes may have been made before a decision on a refused application.

 

[lt8480]

The short answer is you may be best to try again to discuss with the case officer before going to appeal.

Whilst some of your comments appear to be valid grievances with procedure it won't help you get planning if you appeal under non determination. Appealing under non determination just means the inspector would asses the application rather than the local authority, but they will still assess your scheme against policy. Appealing however will likely take much longer than trying to get the local authority to determine it, and under appeal there is non opportunity to discuss concerns or amend the scheme - so unless you think you are going to get an unjustified refusal jumping to appeal now may not help or speed anything up - possibly the contrary.

 

[abusimbel]

Thanks IT8480,

Yes, I think I will try and speak with the planning officer myself. All we want is some feedback and the chance to make changes, if needed, prior to a decision being made.

 

[Nakajo]

I seem to be missing a page

 

[Seafarer1966]

If you appeal against non-determination the planning application is no longer the responsibility of the local planning authority 9LPA). The Planning Inspectorate (a Central Govt. organisation), often called PINS, become the determining authority. I guarantee that your file will sit on a PINS shelf gathering dust for a minimum of six months before they do anything with it. if you wish to amend your proposed development i.e. submit amended plans to the LPA I can't see why you can't do this. I have never come across a planning applicant having to pay an additional fee on top of the planning application fee to discuss the planning application. I think your agent is having you on and milking you dry mate.

 

[Seafarer1966]

All this talk of appealing....

Has the LPA actually said it is recommending refusal of the planning application? The standard period in which the LPA must determine this type of planning application is eight weeks. You are justified in getting a reason why this has not happened. It sounds like you haven't tried speaking to the LPA case officer yourself and are relying on your agent.

If you get nowhere with the planning officer ask to speak to the Chief Planning Officer/ Head of Planning Services (various titles for the head honcho of the planning dept.). If you get nowhere with that then try the Chief Executive of whatever District/ Borough/City Council you have the planning application lodged with.

 

[^woody^]

We had our planning application validated early January

2-6 month decision timeline

The determination date passed in early March

 

[Seafarer1966]

Pred my owd:

If the planning officer has guided you into producing amended plans I'd submit them. You can include a covering letter with the new plans along the lines of....'Further to our joint site visit on DATE I am pleased to submit amended plans reflecting our discussion on site and your concerns on the original proposed scheme. As discussed I have amended the INSERT DETAILS OF THE CHANGES YOU HAVE MADE.... in order to produce a scheme more satisfactory to the planning authority". Title your letter with the planning application reference number, site address etc.

This letter will then go on the planning application file with the amended plans. I would envisage that there will be a further period of consultations with the neighbours, local councillor and any other parties she deems fit on your amended scheme.

 

[lt8480]

If the amendments are "minor" then they won't even need to reconsult. If the changes are more significant they may ask to withdraw and resubmit as they want to reconsult again. You get a "free-go" to resubmit without having to pay again.