Spoke with head of planning today. It is NOT normal for an application for CLD to go to a planning committee. They never go in front of the committee for approval or refusal. They are checked by a planning officer to make sure they comply with the PD regulations. They are a simple Yes or No decission.They are outside the remit of planning.The reason why I got a letter stating that if there were any objections it would go to planning committee was a MISTAKE on the part of the townhall which they are going to rectify.Getting the CLD is a good idea cos if I decide to sell in the not to distant future I wont have the hassle that a lot of members on this forum have cos they didnt get CLD and buyers are put off by solicitors questioning the legality of the build. Thanks to all the members who gave me sound advice.
WHO THINKS THIS STINKS
- Thread starter piggylet
- Start date
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I would say that a majority of enquiries regards the retrospective legalities of building work are about building regulations as opposed to planning.
Chances are you will be asked as a seller be it planning or regs.
Hi piggylet,
Further to the above replies, most Councils have a "Scheme of Delegation", which is a document that sets out what types of applications should be determined under delegated authority (i.e. by Council officers) versus what types should be determined by the planning committee (i.e. by elected Councillors).
Such a document will normally set out a series of criteria - for example, if might say that an application should be determined by the planning committee "if it involves 10 or more residential units", or "if it involves more than 1,000m2 of commercial floorspace", or "if it receives more than 5 objections", or "if the Council owns the land", etc. As you've found with your Council, for most (if not all) Councils, the Scheme of Delegation would normally set out that an application for an LDC should be determined under delegated authority.
For info, I've seen a couple of LDC applications that were determined by the planning committee, because they were "called into" committee by a Councillor. This was because for some Councils the Scheme of Delegation will give any Councillor the right to call-in any application, including LDC applications. However, in practice, even where the Scheme of Delegation gives Councillors such a right, I think it's pretty rare for them to call-in an LDC application.
Thanks,
Steve
Further to the above replies, most Councils have a "Scheme of Delegation", which is a document that sets out what types of applications should be determined under delegated authority (i.e. by Council officers) versus what types should be determined by the planning committee (i.e. by elected Councillors).
Such a document will normally set out a series of criteria - for example, if might say that an application should be determined by the planning committee "if it involves 10 or more residential units", or "if it involves more than 1,000m2 of commercial floorspace", or "if it receives more than 5 objections", or "if the Council owns the land", etc. As you've found with your Council, for most (if not all) Councils, the Scheme of Delegation would normally set out that an application for an LDC should be determined under delegated authority.
For info, I've seen a couple of LDC applications that were determined by the planning committee, because they were "called into" committee by a Councillor. This was because for some Councils the Scheme of Delegation will give any Councillor the right to call-in any application, including LDC applications. However, in practice, even where the Scheme of Delegation gives Councillors such a right, I think it's pretty rare for them to call-in an LDC application.
Thanks,
Steve
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and as long as he's convinced that he can convince a potential buyers solicitor 6 years from now that a) it was permitted back then b) enough time has passed that it doesn't matter.
Personally, I can see why it's attractive to pay £150 to get a certificate. The cost is relatively small, but it's not nice when it blows up in your face like this.
Anyone with an IQ of more than 3 or 4 can easily find out that these things are exempt after 4 years.
If you just tell the buyers Solicitor the facts, that the work was PD then that should be it
It can help to "remind" the Solicitor in the same reply that he should know about these things as a professional conveyancer, and to try not to be negligent in his advice to his client as this can generate some awkward claims and complaints to his professional body
It can help to "remind" the Solicitor in the same reply that he should know about these things as a professional conveyancer, and to try not to be negligent in his advice to his client as this can generate some awkward claims and complaints to his professional body
I guess someone should inform solicitors that they have an IQ of 3 or 4 then cos they are the ones that kick up a stink and put off buyers when extensions don't have the "relevant" paper work. Cos in my experience they don't seem to know of this magical 4 year rule. I also find it ridiculous that a councillor can call-in an application for LDC and have it decided at a planning committee as by definition its either lawful or not. Planning committee grant or refuse a planning application. LDC is NOT a planning application. As usual dealing with the council is a complete farce and any attempt to find logic in the decision making process is a mistake and leads to a headache.
It's all part of the same planning regime.
All planning decisions are decided by the councils planning committee, and one of those decisions is whether to delegate certain decisions to council officers instead. Ultimately, all decisions can go before the committee - that is the law, not something that the councils do willy nilly
It would be impossible for the councillors to refuse a legitimate proposal under a LDC because unlike with planning they don't get to have their opinion, it is a matter of fact.
Now, with the ambiquity of some of the sections of the GPDO there is some scope for moronic interpretations, but these are usually easy to address.
The fact remains that if a committee were to ever flat out refuse you your legal rights then they would have acted in an unreasonable manner and that would be grounds enough not only for an appeal, but also to obtain FULL COSTS from the council... effectively getting the whole thing (design, legal, application fees etc) paid on your behalf.
Ultimately, to me, it looks like you may have just received a standard letter with a mistake on it... someone may just have not deleted a paragraph.
Now, with the ambiquity of some of the sections of the GPDO there is some scope for moronic interpretations, but these are usually easy to address.
The fact remains that if a committee were to ever flat out refuse you your legal rights then they would have acted in an unreasonable manner and that would be grounds enough not only for an appeal, but also to obtain FULL COSTS from the council... effectively getting the whole thing (design, legal, application fees etc) paid on your behalf.
Ultimately, to me, it looks like you may have just received a standard letter with a mistake on it... someone may just have not deleted a paragraph.
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