No Planning Decision after 8 Weeks

No Planning Decision after 8 Weeks

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rcg733

Original Poster:

28 posts

118 months

Wednesday 10th June 2015
quotequote all
Wonder if anybody may be able to offer some advice about how I might get my local planning department to do something.

I submitted a planning application for an extension back in April, the was accepted by the council and uploaded to their website with a 'decision due' date of 6th of June.

The 6th of June has come and gone and we have hear nothing.

I also note that the planning officer assigned to the application has a number of other decisions overdue.

A bit of googling suggests that if the council cannot provide a decision within the allotted 8 weeks then I should be contacted to agree an extension, this has not happened.

I am keen to get things moving as I have agreed the sale of my existing house and am stalling on exchanging contracts until the planning decision is made.

Any ideas on what I should do to get things moving?

Richard

aponting389

746 posts

190 months

Wednesday 10th June 2015
quotequote all
This is not my advice to you because I dont know what your local PD is like, but when this happened to me, I waited a couple of weeks more than you have, still nothing, so I just got on with it (new access from B road) and when they kicked up a small fuss about a year later my agent pretty much forced them to grant the permission

rcg733

Original Poster:

28 posts

118 months

Wednesday 10th June 2015
quotequote all
The plans are for a fairly major redevelopment / extension, so I can't afford to take the risk of starting work before the plans are agreed.

Problem is that if nothing happens the sale of my house will drop through which could then lead to delays with the finance.

Of course I would like to go and shout at the planners, but I fear that may be counter productive...

Timmy40

13,014 posts

210 months

Wednesday 10th June 2015
quotequote all
rcg733 said:
The plans are for a fairly major redevelopment / extension, so I can't afford to take the risk of starting work before the plans are agreed.

Problem is that if nothing happens the sale of my house will drop through which could then lead to delays with the finance.

Of course I would like to go and shout at the planners, but I fear that may be counter productive...
Did you do all the plans/drawings yourself? If you used an architect they should contact the planners. If not you could pay your solicitor £50 to send a headed letter saying that as the decision date set by the planning dept has lapsed with no further communication you take it that the dept has no objection to the proposed extension and will proceed with the build.

rcg733

Original Poster:

28 posts

118 months

Wednesday 10th June 2015
quotequote all
The plans were submitted by a designer on our behalf, so perhaps getting him to contact the planners would be a sensible first step.

I like the idea of the solicitors letter, but fear it may just serve to get the planners to find something to object to PDQ.

Timmy40

13,014 posts

210 months

Wednesday 10th June 2015
quotequote all
rcg733 said:
The plans were submitted by a designer on our behalf, so perhaps getting him to contact the planners would be a sensible first step.

I like the idea of the solicitors letter, but fear it may just serve to get the planners to find something to object to PDQ.
It doesn't really work like that, either it's within guidelines or it isn't. They would need to site something in your design which clearly breaches the LA UDP ( or equivalent).

Rules on extensions are pretty clear.

Busa mav

2,746 posts

166 months

Wednesday 10th June 2015
quotequote all
I would just call the officer and speak with them.

If it is over the 8 weeks and no extension of time has been granted you can appeal on "non determination" , but you don't want to do that as trhat is a possible 3 months + exercise.

Have a look online to see if there have been any objections to your application , by now there could also be an officers report posted.

Please , just speak with them , a solicitors letter is a pure waste of anything it may cost as they will just write back saying you have the right to appeal and that starting on site would be at your risk and subject to the enforcement officer paying you a visit.


Busa mav

2,746 posts

166 months

Wednesday 10th June 2015
quotequote all
What council is it ?

r1flyguy1

1,571 posts

188 months

Wednesday 10th June 2015
quotequote all
I take it there have been no objections listed online as this will delay any decision?

That's what happened to ours and eventually had to go the committee.

rcg733

Original Poster:

28 posts

118 months

Wednesday 10th June 2015
quotequote all
It is South Holland district council in Lincolnshire.

There are no objections recorded on the planning website, the only relevant document is a letter of support from the parish council. In reality, there are no neighbours to the property, so unlikely to get any objections from them.

Perhaps there is no harm in starting by picking up the phone and seeing what they have to say. As pointed out, it is great having the right to appear because the decision has been delayed, however the inevitable consequence of that is to add even more delay...brilliant...

Davel

8,982 posts

270 months

Wednesday 10th June 2015
quotequote all
Busa mav said:
I would just call the officer and speak with them.

If it is over the 8 weeks and no extension of time has been granted you can appeal on "non determination" , but you don't want to do that as trhat is a possible 3 months + exercise.

Have a look online to see if there have been any objections to your application , by now there could also be an officers report posted.

Please , just speak with them , a solicitors letter is a pure waste of anything it may cost as they will just write back saying you have the right to appeal and that starting on site would be at your risk and subject to the enforcement officer paying you a visit.
This!

GP335i

466 posts

176 months

Wednesday 10th June 2015
quotequote all
This happened with mine, I chased it up and they put a later date on the planning. From memory it was 4 weeks later.

Busa mav

2,746 posts

166 months

Wednesday 10th June 2015
quotequote all
make sure a CIL form was submitted with the application , being a new requirement , this has been causing delays as it is new to everyone , and some agents haven't been submitting them.

When it comes to writing up the decision , it is then they notice the form is missing.

rcg733

Original Poster:

28 posts

118 months

Wednesday 10th June 2015
quotequote all
Oh dear - I have never heard of a CIL form. I haven't seen one on any other application either.

Will try and speak to the office and see what they have to say.

worsy

6,134 posts

187 months

Wednesday 10th June 2015
quotequote all
Not the same LA but mine went over recently. Was due to be determined 28th May. I asked my architect to chase up and he got an email saying "very sorry, recommended for approval but letter will be drafted shortly". A few days later got the permission.

Busa mav

2,746 posts

166 months

Wednesday 10th June 2015
quotequote all
rcg733 said:
Oh dear - I have never heard of a CIL form. I haven't seen one on any other application either.

Will try and speak to the office and see what they have to say.
Community Infrastructure Levy

onlynik

3,982 posts

205 months

Wednesday 10th June 2015
quotequote all
8 weeks?

Our plans were submitted in mid March, still no decision, every time we call the planning officer, she replies she's busy and will call us back, but never does.

rcg733

Original Poster:

28 posts

118 months

Wednesday 10th June 2015
quotequote all
I can see that the same planning officer has a number of other outstanding decisions dating back to March. This is what makes me nervous.

I can't believe that they can just completely ignore their obligations.

crankedup

25,764 posts

255 months

Wednesday 10th June 2015
quotequote all
onlynik said:
8 weeks?

Our plans were submitted in mid March, still no decision, every time we call the planning officer, she replies she's busy and will call us back, but never does.
You might need to consider discussing this issue with your local council member and/or the member heading up the planning committee.

covmutley

3,193 posts

202 months

Wednesday 10th June 2015
quotequote all
This is what I deal with most days. Worst bit of the job. There is not a lot you can do other than call them every day. To be fair to them, the Councils are now understaffed.

You can appeal for non determination, but that takes ages too so not really a good route to take.