Planning appeal

[fatjon]

A local developer applied for planning for 100 houses near me. The local council didn't decide in the statutory time so it went to the secretary of state for a decsion. That was six months ago to the day and as yet no decision has been made. Today they started digging out for the roads etc without planning.

Can they do this?

[Swervin_Mervin]

6 months is a very long time to not decide on a resi scheme of only 100 dwellings. Are you sure it went to the SoS and not just the Planning Inspectorate on appea - sounds to me like the applicant appealed on the grounds of non-determination.

Also, do you know if there's a previous consent on the site?

[fatjon]

Def SOS, on 6/62016. No previous applications or consent.

[The Surveyor]

fatjon said:

.... Can they do this?

No, and if they have started work they are progressing at risk of enforcement action. Maybe the developer has decided that as the planners are so incompetent that they can't determine the original application in the allotted time, they won't have the time or competence to take any enforcement action!

[Swervin_Mervin]

fatjon said:

Def SOS, on 6/62016. No previous applications or consent.

Do you have a reference?

[Echo66]

Yes they can. Generally a developer will get some digging out started to establish a start on site. This could be related to finance, avoiding upcoming planning or building regs changes. Its not a big deal as long as they don't crack on & start proper. It is all work 'at risk' though should the app get chinned off.

[covboy]

I don't know anything about planning law etc, but on a(major) industrial development near where I work, they had planning permission granted week before last, and they've been digging on site now for the last month.

[fatjon]

Swervin_Mervin said:

Do you have a reference?

133815 lea, lincolnshire.

[blueg33]

I think we need to understand what they are digging for, it may not be roads it could easily be

Ground investigations
Archaeology
Removing foundations
Land drainage
Installation of national infrastructure eg main transmission lines for gas, electric, water, sewerage
etc

none of these need permission.

Ground works are the most expensive element of a build, its unlikely that a developer would commence without consent.

[E36GUY]

blueg33 said:

I think we need to understand what they are digging for, it may not be roads it could easily be

Ground investigations
Archaeology
Removing foundations
Land drainage
Installation of national infrastructure eg main transmission lines for gas, electric, water, sewerage
etc

none of these need permission.

Ground works are the most expensive element of a build, its unlikely that a developer would commence without consent.

Yeah, there's a site on the edge of our village that has outline approval from the PC but not yet from the planners. There has been a lot of trench digging in the field (now filled in again) so it's probably that.

[TooMany2cvs]

E36GUY said:

Yeah, there's a site on the edge of our village that has outline approval from the PC but not yet from the planners.

By "PC", do you mean Parish Council? Parish Councils cannot give any kind of approval at all, outline or otherwise. All they (we) can do is indicate whether they'll object to the planning application.

Even if they do object, it doesn't mean much more than an individual's objection.

[fatjon]

All very interesting and informative, thanks.

How long does the SOS have to make a decision, is there a limit after which the applicant can simply get on with it?

[blueg33]

Appeal Decision on the OP's site is due 16th December.

I guess the developer is doing some more ground investigations so he can sort foundation design etc, its an outline application, so even if approved he couldn't start works.

Planning Authority said:

Outline planning application for the erection of 135no. dwellings, a community hub comprising of up to 200sqm shop use-Class A1, 300sqm restaurant-cafe-Class A3 and 300sqm community hall-Cass D1, ancillary public open space, landscaping, drainage and access-all matters reserved

[Red Devil]

Report to West Lindsey DC - https://www.west-lindsey.gov.uk/easysiteweb/getres...
According to the Planning Committee minutes on that date it was presented to ascertain the views of the Committee in advance of a planning appeal against the non-determination of the application. The Committee voted and it was RESOLVED that the Council would have been minded to refuse planning permission.

It is my understanding that a non-determination appeal is to the Planning Inspectorate not the SoS, so I'm puzzled by this earlier post from the
OP.

fatjon said:

Def SOS, on 6/62016.

How did it manage to get as far as him and over 3 weeks before the Local Authority Committee meeting at which the non-determination appeal is stated to have not yet been made?

blueg33 said:

Appeal Decision on the OP's site is due 16th December.

Interested to know where you found that date. Do you have a link?

[blueg33]

Red Devil said:

Report to West Lindsey DC - https://www.west-lindsey.gov.uk/easysiteweb/getres...
According to the Planning Committee minutes on that date it was presented to ascertain the views of the Committee in advance of a planning appeal against the non-determination of the application. The Committee voted and it was RESOLVED that the Council would have been minded to refuse planning permission.

It is my understanding that a non-determination appeal is to the Planning Inspectorate not the SoS, so I'm puzzled by this earlier post from the
OP.

fatjon said:

Def SOS, on 6/62016.

How did it manage to get as far as him and over 3 weeks before the Local Authority Committee meeting at which the non-determination appeal is stated to have not yet been made?

blueg33 said:

Appeal Decision on the OP's site is due 16th December.

Interested to know where you found that date. Do you have a link?

Planning Inspectorate website

[fatjon]

Correct, my mistake. It was an appeal to the planning Inspectorate. The letter I got from the Parish Council was factually incorrect on that point. Apologies.

https://acp.planninginspectorate.gov.uk/ViewCase.a...

[Red Devil]

blueg33 said:

Planning Inspectorate website

Thanks. Now why didn't I think of that? D'oh!

No idea where you got your date of 16th December from.
Status: In Progress. Inquiry Evidence Due: 20th Dec 2016.
Decision and Outcome: Not yet decided. Event Date: 20th Jan 2017.

There is a link to a .pdf document which gives the complete timetable.
The Event Date above is the hearing date of the Inquiry which is scheduled for 3 days.
The Report submission and Decision dates are both TBA.

[fatjon]

Those dates seem quite different to ones on the link above. Where did you find that PDF?

[funkyrobot]

fatjon said:

A local developer applied for planning for 100 houses near me. The local council didn't decide in the statutory time so it went to the secretary of state for a decsion. That was six months ago to the day and as yet no decision has been made. Today they started digging out for the roads etc without planning.

Can they do this?

Surprised the rejections are being taken further. They didn't have any trouble when considering a development near me (Spalding).

Planning for 167 houses in a small field behind my house was passed a few years ago, despite many people rejecting it. Council planning dept said 'fook you' and have passed it regardless. Said the local plan was out of date, they were making a new one, so the land (that was originally supposed to be left without development) was up for grabs.

[blueg33]

fatjon said:

Those dates seem quite different to ones on the link above. Where did you find that PDF?

That's odd, event date is 15th December now. Either its changed or I mis read it. Probably the latter as I am expecting a decision on the 16th on one of my sites, so maybe I switched the dates in my head.

Nevertheless, its an outline application so they can't start work even if this gets approved