"Acceptance by silence" planning ploy to leave applications open ended?

[Desperatelyseekinganswers]

Hello all

Having applied for a lawful development certificate I eagerly awaited the determination date which was yesterday. Only yesterday did I notice the validation letter sent by the planning authority has given themselves an indeterminate amount of time in which to reach a decision.
The letter states "whilst every effort will be made to ensure that a decision is reached on the application and notice given to you by the 21st of September 2021 circumstances may dictate otherwise and to avoid excessive correspondence I shall assume unless I hear from you to the contrary that you have no objection to the period being extended to enable a decision to be issued please note the above description unless I hear to the contrary within seven days of the date of this letter I shall assume that you agree to the description."

I hadn't previously noticed this and am really annoyed. Besides anything else I am annoyed with myself for not noticing this before but also the principal of acceptance by silence is extremely frowned upon in legal circles as it is often used to dupe the unsuspecting. 
 

I would really value thoughts on the legitimacy of this strategy. In my view its unethical and potentially illegal, but I would value your views. TIA. 

[ToughButterCup]

How to put this gently? 

 

Your experience is common.  Normal. Sorry, but there it is. Don't be annoyed with yourself, I would guess that more than 50% of us have all had the same experience. Annoyance goes with the  territory. 

 

@Ferdinand will be along in a minnit to put it more elegantly.

Ian

[SteamyTea]

In contract law (which I doubt this is), silence is not acceptance.

Always worth remembering that when your builder suggests something, then just does it without your approval.

[Desperatelyseekinganswers]

Thanks both, I know that in contract law that silence is not acceptance. When submitting a planning application I am submitting a fee for a service, therefore there is a contract of a kind. So, I have reached the conclusion that it's not right or legal. 
Have you ever come across planners doing this? As I never agreed to these terms, are there grounds for me to appeal under non determination? 
 

[saveasteading]

Whether justified or not, they can probably claim 'covid' as a reason for delay,  and that standard applications take priority. Non determination plea will get expensive.

[Temp]

They have been sending such letters for at least 14 years as we has virtually the same reply to our full planning application..

[PeterW]

Ok so they can’t issue that under the rules on planning determination as they are obliged to ask for your approval in writing to any extension. If you have not agreed this then you have recourse under the 26 week rule for non-determination. 

[Desperatelyseekinganswers]

Peter W, thank you. That's what I thought, otherwise they could drag this on indefinitely. They took two weeks before they validated it so were almost three months in now.  This  is just one of many applications I am having to make to establish a fallback as we are in Greenbelt. The system is ridiculous. I'm a reasonably intelligent person and have related experience or thought I did! This has turned into a nightmare and planning consultants don't want to touch it as it's not straightforward. 

[ToughButterCup]

1 minute ago, Desperatelyseekinganswers said:

...The system is ridiculous. I'm a reasonably intelligent person and have related experience or thought I did! ....

 

I wish I could remember the name (and be able to reference the post) of the member who on encountering similar problems to yours, wrote that in his experience as a senior exec of an international building company , the self build sector was (I remember this bit )

 

'... the most dysfunctional (sector) I have ever experienced ...'

 

Honestly, you are in excellent company here. One creative, positive way of using the delay is to plan in ever greater detail. 

And that bloody reminds me SWMBO changed her mind again about where she wants shelves and electricity sockets. Shes only had 4 years to make up her mind. 

 

I'm 68, and still find some jokes hard to take.

[Desperatelyseekinganswers]

Thank you, ToughButtercup sometimes all we need is to know it isn't just us alone. I came at this totally naive as I have successfully navigated my way through about 100 planning applications in my role as a Building Surveyor working in Schools. Roll on 15 years I buy a little cottage in the greenbelt thinking I knew their language and having even worked in the same local authority department a few years back, and it would be a breeze. Boy, did I get it wrong!
Case law, 8 appeal cases to make one point, all disregarded out of hand.

Appeal is probably my only route and sadly I have three, maybe four appeals to wade through before I establish my fallback position and then I have to apply for full planning anyway. Meanwhile I am paying two mortgages.
It REALLY isn't fair or right. Going to have a lie down in a dark room now.
Sincerely thank you for the supportive words, this is extremely difficult. ?

Any recommendations for a good planning consultant would be appreciated. Most of them run when I mention our local authority and the word Greenbelt. 

[Ferdinand]

9 hours ago, ToughButterCup said:

How to put this gently? 

 

Your experience is common.  Normal. Sorry, but there it is. Don't be annoyed with yourself, I would guess that more than 50% of us have all had the same experience. Annoyance goes with the  territory. 

 

@Ferdinand will be along in a minnit to put it more elegantly.

Ian

 

No he won't; I think you have your answer from the t'others. ?

 

It might be worth dropping an email to the Council making clear that you do not agree to extensions unless you do it in writing on each occasion..

 

There are lots of ways to distract yourself from this. One is to jump over the banisters with rope attached to your underpants (or your under-crotch safety harness), and dangle in mid-air for a bit.

 

At least one person on BH tried it, and reported that the wedgie provided a noticeable diversion.

 

Presumably if you do it daily you get a bit more used to the sensation.

 

I am now going to run away and hide, before a man in a microlight appears over my house, bearing rotten eggs.

 

Ferdinand

[SteamyTea]

11 hours ago, ToughButterCup said:

the self build sector was (I remember this bit )

 

'... the most dysfunctional (sector) I have ever experienced ...'

Don't say a lot for the member on here.

 

[Desperatelyseekinganswers]

Ferdinand, not sure what the pills are called but I would like a prescription! Thanks, I REALLY needed a chuckle. 

[ToughButterCup]

16 minutes ago, Desperatelyseekinganswers said:

.... I REALLY needed a chuckle. 

 

Ok,  here goes.

A bit of context first.  Ferdi refers to a wedgie above

Quote

At least one person on BH tried it, and reported that the wedgie provided a noticeable diversion.

 

That may well be about my efforts at putting in joists. I was doing soooo well, and then this happened ....

 

With a bit of luck that should send a sip  of tea through yer nostrils ...