Got to laugh..... 8 weeks and counting (update now granted at 27.6 weeks)

[Pocster]

1 hour ago, pocster said:

This is what I did . 
Split the plot . Sell main residence CGT free . Then build on plot . Also option of making that your residence when complete and sell CGT free again ?

It’s not what you make - it’s what you don’t lose in this case to the tax man !

[Moonshine]

So..... I am still waiting on my decision, and it won't be coming this week (as confirmed by the case officer, even though an extension was agreed  totwo weeks ago to today.

 

Now this is where is gets interesting, I am still within the 26 week determination period, with less than 2 weeks left to the 26 weeks. 

 

My understanding is, as long as I don't agree to an extension to after the 26 weeks, before the 26 weeks, and the 26 weeks passes without a decision I could have a valid application for a refund of the fees. 

 

Also once the 26 weeks passes I can agree to an extension past the 26 weeks with invalidating the potential refund.

 

Make sense?

 

[Dreadnaught]

13 minutes ago, Moonshine said:

Now this is where is gets interesting, I am still within the 26 week determination period, with less than 2 weeks left to the 26 weeks. 

 

I have just got my planning approval 2-days ago. My 26 weeks date was back in about July (!) but they never asked for an extension. I think it was an oversight on their part because of a change in planning officer.

 

Yesterday, a day after the planning meeting, I received an email from them inviting me to retrospectively approve a planning extension (!) which I politely declined. I am going to ask for a refund as soon as I get the signed planning letter through.

 

A few weeks ago I did mention the possibility of a refund to my planning officer and he said they might refuse because I supplied some key documents within 26 weeks of this final decision. I don't think that is in accordance with the Planning Guarantee and the wording of the regulations, which requires an extension to be agreed in writing, so let's see what happens.

[Moonshine]

26 minutes ago, Dreadnaught said:

he said they might refuse because I supplied some key documents within 26 weeks of this final decision. I don't think that is in accordance with the Planning Guarantee and the wording of the regulations, which requires an extension to be agreed in writing, so let's see what happens.

 

i would agree with you on that one, and its my understanding its 26 weeks from the valid application. If you hadn't supplied key documents why did they validate it?

[Moonshine]

So i think that i don't have any case for a refund via the planning guarantee, as i have agreed an extension of time which is over the statutory 8 week period, but before the 26 week period.

 

https://www.local.gov.uk/pas/pas-topics/planning-applications/decisions-positive-planning-agreements-extension-time

 

From the above it appears that any extension of time over the statutory period is considered "an extended period" not the 26 weeks.

 

So it seems any agreed extension over the statutory period means that you invalidate the planning guarantee.

 

Edit, i now believe this is wrong, and the extension is over the 26 weeks

Edited November 21, 2019 by Moonshine

[colin7777]

We put in for a Non-Material change requesting a small change to the 1st floor to extend part of the property to align with the rest of the 1st floor structure. The forms were accepted and I have been given a NONMAT application number.

I have now received a letter stating that the statutory period ends on 25th Nov which makes it 4 weeks from when the application was agreed.

 

They then make a comment that ' However if a decission is not made within this period I will assume that you agree to an extension of time, if you do not agree to extend the period please contact the planner within 14 days'.

 

Do NOMAT chnages qualify for a refund of payment if they do not meet the dealine and is  this a crafty way of avoiding any refunds.

 

Welcome feedback as how should I approach this, will questioning the timescale cause problems between both parties.

 

Colin

[Red Kite]

Colin, I would play hard ball and turn the tables  with something like "I do not agree to any extension of time, but if a decision is not made within this period I will assume you have no objections. After <decision date> I will proceed on the basis that you agree that permission has been granted by default (unless you contact me within 14 days)". I would quote the NPPF being in favour of sustainable development and since the original permission established this principle then you are confident that the Appeal Inspectorate will uphold this application. Go ahead with implementing the NMA and then if they serve an enforcement notice go for retrospective on the basis that they agreed to it by default. I wouldn't bother with an Appeal on Non-Determination (though its a good bargaining chip). I would however make sure that any communication is signed for and you have proof! I would write off the fee - unless you want to prove a point.

 

Though it depends if your NMA is trying to 'fly under the radar' in any way - in which case I would keep very quiet! I am saying nothing about my own NMA - radar? what radar?

[Moonshine]

26 weeks today, and no decision and there won''t be one issued today either as we haven't had draft pre-commencement conditions to agree to.

 

However i know that the case officer is gathering information to set conditions, so its highly likely going to be an approval once the decision gets here.

 

I doubt there will be a request for extension of time today, but if there is or in the future i am going to politely refuse given the last extension (<26 weeks) didn't get achieved.

 

I will also highlight that if i wanted to i could appeal under non-determination, as the previous extension was not achieved, but i don't want it to come to that.

 

 

[Ferdinand]

On 17/07/2019 at 12:51, AnonymousBosch said:

How would you know that they had started the consultation process?

 

For info that would usually I think be the change of status on the Council Website, or a notice appearing on a lamp post outside the location.

 

Ferdinand

 

[Moonshine]

And....... Granted, after 27.6 weeks, not that I am counting ?

 

 

Not even a request for an extension with the decision.

 

Massive thank you to the buildhub community for the help getting this through! 

 

Can't quite believe it's actually got permission after the sites history of refusals and us asking for more than those!

 

Today feels like a win!