First, some context:

Our plot already has planning permission as part of a larger development of 6 properties. However, the decision has a condition that none of the properties can be occupied until the parking and access for all properties has been completed. We've since purchased just one of the plots, and someone else owns the rest of the development.

With that in mind, our first step after our purchase was to submit a S73 application to vary that condition to allow for staggered occupation. i.e. we don't want to have to wait for the completion of plots 1-5 before we can occupy our own, and vice versa.

Given the layout of our plot it's a reasonable ask. Our plot has its own access direct from the highway.

So, back to planning!

Our S73 application was accepted on 1 August 2025, and we still don't have a decision. I never thought it would take this long for what's ultimately quite a simple application lol. (It's not an entire new design, which I would expect to take longer.) There are no big issues to sort out; it's just that the case officer didn't even start looking at our application until after the 8 week deadline. She also only works 3 days a week, which means she doesn't get much progress done. All the consultant comments came in promptly and there were no objections or notable comments on our application. But all that being said: it's now been over 16 weeks, we have no decision, and we never agreed to an extension in writing (we were never even asked). We're pretty clearly eligible for a refund at this point.

So why not ask for one?

We're weighing the pros and cons. Obviously a refund would be brilliant; we paid over £500 for this! I think our concerns are:

1. Would asking for a refund further delay our application decision in some way? We are kind of on a deadline with this application for other reasons. We still have plenty of time (months), but we still don't want it to drag on!
2. Would asking for a refund sour our relationship with our case officer? I'm pretty sure she can't legally retaliate against us for asking, but you still never know how her behaviour might subtly change.
3. After this application passes we plan on submitting another follow-up application to vary our design slightly. If we get the same case officer, will we immediately start off on the wrong foot?

I believe we could wait and request a refund after we get a decision, but we always run the risk of her asking for an extension tomorrow and holding our application hostage, basically forcing us to give up our refund rights.

I did find one old buildhub discussion about a similar case and the consensus there was to wait until after the decision is issued. So maybe that's what we'll do, and just hope she doesn't suddenly ask for an extension at the last minute that we're forced to agree to!