Any planning experts?
Any planning experts?
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rsv gone!

Original Poster:

11,288 posts

272 months

Wednesday 9th July 2008
quotequote all
Do the planners have a set time in which to reply to answers/further information submitted in answer to outstanding conditions?

Essentially, if they've dragged their heels for two years, can they lose their opportunity to raise/maintain objections?

Sam_68

9,939 posts

276 months

Wednesday 9th July 2008
quotequote all
Yes.

They have to respond within an 8 week statutory determination period.

If they fail to respond within that timescale, you can appeal on the grounds of non-determination. Note that you must lodge an appeal within 6 months of the end of this 8 week determination period, otherwise the right of appeal lapses.

Contrary to received wisdom, however, there is no such thing as 'deemed approved' if they fail to respond, and no, they don't lose their right to further objection. Your only official recourse is to appeal.

ETA... oops! Just re-read your question. Looks like you left it too late! You may need to re-submit the information to start the clock ticking on the 8 week determination period again.


Edited by Sam_68 on Wednesday 9th July 18:33

rsv gone!

Original Poster:

11,288 posts

272 months

Wednesday 9th July 2008
quotequote all
Sam_68 said:
ETA... oops! Just re-read your question. Looks like you left it too late! You may need to re-submit the information to start the clock ticking on the 8 week determination period again.
We resubmitted the info about 5-6 weeks ago and since then the person who was looking after it has left.

I banged a quick email to the Chief Planning Officer so we'll see how that goes.

Sam_68

9,939 posts

276 months

Wednesday 9th July 2008
quotequote all
Only once in my career so far have I become so frustrated with a Planning Authority on failure to discharge conditions that I've appealed on non-determination.

On the basis of my single experience, however, I'd suggest that if you do find yourself in an appeal situation, you'll need a very clear paper trail documenting what information was submitted, and when. It can be a real pain putting the appeal documentation together, but it does work... mysteriously, after 6 months complete lack of response to numerous chase-up phone calls, e-mails and letters, our conditions were discharged almost instantly when the appeal was submitted, as a result of which the appeal itself was withdrawn and never heard.wink

rsv gone!

Original Poster:

11,288 posts

272 months

Thursday 10th July 2008
quotequote all
In my email, I gave a full chronology of correspondence