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Showing results for tags 'non-material amendment'.
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This is an interesting one for my fellow planning eager beavers...in essence: we submitted a Non-Material Amendment, to PP already secured the LPA are required to determine all NMAs within 28 days, per the info below, no longer period was agreed in writing so the 28 days stands they have missed this date, wildly, by fully 4 months with a normal app, one would then have the recourse to go to appeal via the planning inspectorate, but no such recourse exists for NMAs: you cannot appeal them begging the question: what is the "penalty" to the LPA for failing to determine this NMA in time? Can this be leveraged at all? Are the non-material amendments we've made now, automatically, lawful as a result of the LPA failing to meet the 28 day deadline? "The time period for determination of a non-material amendment is 28 days, unless a longer period has been agreed in writing between the parties." "There is no right of appeal for refusal or non-determination of non-material amendment applications. If they are refused then the applicant would have to submit a S73 application or a new planning application instead." https://planningaid.zendesk.com/hc/en-us/articles/360011256758-Non-Material-Amendments-to-an-existing-planning-permission-section-96a-
