Warwick DC Planning issues

[ajhmini]

I'm after some advice on an application that we have in with Warwick DC at the moment. The original application was due for a decision on the 27th Dec. This was delayed as we were asked at the 11th hour to provide a tree protection/landscaping plan. To allow for this to be assessed and submit a report we agreed to delay the decision date until the end of Jan. With one week to go we found out our planning officer has quit. The new planning officer is not replying to numerous emails/voicemails/requests for face to face meetings. Today we have found out he has gone off sick.

Anybody know where we stand in terms of trying to get a response/decision out of the council? Not that they will care but we are time constrained by a bat protection order which says we need to have completed the demolition by the end of Feb.

Any advice/experience that anyone can share?

[anomie]

Depends on how you want to play it.... Councils are obligated to determine within the application timeframe and if they do not you can make an Appeal based on Non-Determination. You may not get an outcome any faster because the Planning Appeals process is not super fast but LPAs are keen to avoid this sort of thing so one can use the awareness of this option as leverage if need be.

You should write to the head of team and CC the general planning email address expressing your concern at the lack of "positive and proactive" (As per NPPF requirement) engagement. Express that you have found it disconcerting that there was no effective handover and has been a lack of communication.

More significant is that if the LPA was inclined to approve but just needed reassurances re Landscaping / Tree Protection then that is not necessarily Material to their Determination and they could have Approved / Determined within original timescale but left the requirement for Landscape Plan approval to be determined as a Pre-Commencement Condition instead of delaying the determination for something that could be determined later.

The best first step might be to find the details of LPAs Landscape/Tree Protection Officer (or whatever title) who made the Comment on your application that led to the Case Officer requesting this from you. Speaking to him/her and get feedback on what was submitted. I she is happy ask her to provide something in writing to the Case Officer and Head of Team ASAP to say so. If he/she isn't satisfied or needs more time express how the eventual landscape works can be determined to their full satisfaction by Condition and tree protection can also be secured in this way but that the project will die if the Approval isn't given that will allow some work to start within the Bat-related timeframe.

Then, write to the Team Lead as suggested and ask him/her to pick up the work or assign it to someone who can contact before the end of the next working day as you have waited weeks for contact to no avail. Say that you are inclined to make a complaint if this doesn't happen because you understand their team is busy but if staff leave or are off ill it is senior level responsibility to make sure work doesn't get dropped. Advise that if things do not start to progress more effectively you may have no choice but to Appeal for Non-Determination and you hope they will not force this decision because as a local person invested in the local community you prefer decisions be made locally by the LPA.

That is, in general, the tact I have always used. You play it nice at first and make sure you have set them up for success (getting Landscape person on board and proposing alternatives such as Conditions to allow swift determination) but you also keep the stick of Appeal in your pocket and make them aware you have it.

[V8RX7]

Had similar with Solihull.

I spoke to the Area / Chief Planning Officer and he was very helpful and I had a positive response within 48hrs

I'd certainly call first and if that fails try to arrange a meeting.

Remembering to smile through clenched teeth.

[blueg33]

Ah Warwick DC..........

I have 3 developments underway in that district, and a history of many. They will sort it..........eventually, as advised speak to head of planning be nice.

If you need a s106 be prepared for a long wait

Think yourself lucky that they changed conservation officer about 18 months ago

[twokcc]

ajhmini said:

We were asked at the 11th hour to provide a tree protection/landscaping plan.

Presume you did this, does the application require the moval of any trees, or does the development encroach into the tree root protection area?


You don't say what the development is, been in a similar situation when demolishing a bungalow in a conservation area to build 4 houses. Few days before planning meeting got a visit from la Tree Officer and then found out that although recommended for approval by officers, the decision would be deferred to allow for further investigation into the age of the tree on the site which was due to be removed but could prevent the development of the site Turned out a neighbour had commissioned a tree appraisal and submitted to LA a few days before. Took 4 months and some excellent advise from an abroculturist to get it passed.

Beware local authorities don't play fair -claimed our tree was one of the oldest on country and slapped a TPO on it- turned out to be 40 years old.

Have you checked to see if a late objection has been lodged- LA has to consider these no matter how late it has been submitted

Edited by twokcc on Monday 30th January 22:20

[blueg33]

Tree protection and landscaping plan are usually pre-commencement conditions, maybe they didn't trust the applicant not to implement until they were done

Hate planning with a vengeance! I now employ people to do it for me, much better for my blood pressure and the planning officers get to experience fewer expletives