Discharge of Conditions took 23 weeks - refund?

[Tony C]

Hi, our discharge of conditions took 23 weeks (!) to get approved with slow council process.

I can read in Goverment website as follow, which indicates I am entitled for the refund.

 

If no decision is made to discharge the condition within 12 weeks, the local planning authority must return the fee to the applicant without further delay.

But, our council officer tells me that "as the application was determined, you would not be entitled to a fee refund."

Who is correct?

 

[Temp]

I believe you are. This appears to be the legislation..

 

http://www.legislation.gov.uk/uksi/2012/2920/regulation/16/made

(2) Any fee paid under this regulation shall be refunded if the local planning authority fails to give the written confirmation requested within a period of twelve weeks beginning on the date on which the authority received the request.

 

[Temp]

I think their only get out would be if they asked you for more information as that probably restarts the clock.

[Dreadnaught]

I am following this with interest.

My request for discharge was submitted on 20 April. After a month, I haven't even received a notice of validation of my submission. And I was given information suggesting that validation alone may take another month.

[Temp]

Also found this..

 

It appears there is a thing called "deemed consent". Presumably if they are too slow you can just assume consent...

 

https://www.local.gov.uk/sites/default/files/documents/dealing-deemed-discharge--f55.pdf

 

See page 4..

Quote

 

Return of the Fee 
The Fees Regulations 2012 provide that councils must return the application fee where the LPA fails to 
give the written confirmation requested in an application within 12 weeks of receipt.

This provision has been in place for some time, so it can be assumed that councils already have in place a process for managing the refund of fees in these circumstances. But, it is worth noting that the 12 week deadline is irrespective of whether there has been an agreement to extend the period for determination.

 In the government’s response to the consultation on deemed consent for fees, it was indicated that secondary legislation will be brought forward to make the refund available if the application is notdetermined within 8 weeks rather than 12. This amendment has not yet come forward. 

In the hiatus between now and any change to the fees regulations, councils will have to ensure that even if the deemed consent provisions have taken effect, a written confirmation is sent out before 12 weeks. Otherwise, the refund provisions will apply.
 

 

 

 

Edited April 18, 2020 by Temp
Remove white space

[Temp]

Bing!...

http://www.legislation.gov.uk/uksi/2015/595/article/28/made

 

(2) Deemed discharge takes effect on the date specified in the notice given under article 29 or on such later date as may be agreed by the applicant and the authority in writing, unless the authority has given notice to the applicant of their decision on the application under article 27 before that date.

 

It appears that many conditions are automatically discharged if they don't respond within 12 weeks. However there is a list of conditions to which this doesn't apply here..

 

http://www.legislation.gov.uk/uksi/2015/595/schedule/6/made

 

 

[Dreadnaught]

And here is an example of an applicant writing to the his local council with a deemed discharge notice in 2019:

 

http://plan.scambs.gov.uk/swiftlg/MediaTemp/1154319-869034.pdf

[Temp]

Ok seemed it's a bit more complicated. You have to notify them you are deeming the condition discharged..

 

http://www.legislation.gov.uk/uksi/2015/595/article/29/made

 

Lots of reading for someone.

[Tony C]

 

1 hour ago, Temp said:

I think their only get out would be if they asked you for more information as that probably restarts the clock.

 

Oh, I had to submit revised documents. So the council may have some ground not to give me the refund then.

[Tony C]

1 hour ago, Dreadnaught said:

I am following this with interest.

My request for discharge was submitted on 20 April. After a month, I haven't even received a notice of validation of my submission. And I was given information suggesting that validation alone may take another month.

That's painful!

You have to be careful with deemed discharge notice though. I have noticed that sometimes council just give your a refusal just before 8 weeks cut off day.

[Dreadnaught]

On 18/04/2020 at 08:53, Dreadnaught said:

And here is an example of an applicant writing to the his local council with a deemed discharge notice in 2019:

 

http://plan.scambs.gov.uk/swiftlg/MediaTemp/1154319-869034.pdf

 

Did anyone keep a copy of this example letter above ↑. I cannot seem to access it any more and keen to prepare my own letter now.

Edited May 24, 2020 by Dreadnaught

[Tony C]

This PDF describes what you need to include in the letter to council on page 3.

Hope it goes well!