Requirements for Heading to Committee

[BristolBuild2020]

Looking for input here.

 

The local council round here have told us they wont meet the statutory time for permission because the local councillor wants everything to go to committee.

 

It is my understanding that it is not a legal requirement for it to do so, we currently don't envisage any objections as the outlining planning didn't have any.

 

Thus what is the best route forward? Appeal straight away? I see some stories of costs being claimed back but I guess that is a difficult one to quantify!

 

Thanks

[PeterW]

Have they written to you asking for an extension or is this anecdotal ..? A single councillor cannot get everything called in, and if they did then you would go to the LA Ombudsman first for abuse of power. Don’t forget, you’ve not lost yet so you can’t appeal a decision until you have one !

[BristolBuild2020]

I asked the planner during a Pre-App meeting and they stated that the local councillor wants everything to go to committee and the next meeting with space was July (IF we are lucky) and thus final approval in early August (we are submitting in the next week or two) thus statutory time of ~2 months is end of May.

 

Next door's application has had a request for extension too, but they've rejected it as they don't agree that it needs to go to committee.

 

Hence the post to get the BuildHubs opinion on the subject as it seems there is no clear path!

 

(It'll cost us about £5-10k if we are delayed longer than the statutory time, additional rent, inflation, war, etc...!)

Edited March 18, 2022 by BristolBuild2020

[PeterW]

So you’ve got outline, submit and see what happens but if they write and ask for an extension just politely decline …

[BristolBuild2020]

57 minutes ago, PeterW said:

So you’ve got outline, submit and see what happens but if they write and ask for an extension just politely decline …

What happens then though are they obligated to provide an answer?

 

 

[Temp]

When our planning department receives a new application they always write back with a letter that says something like.. "Unless you tell us otherwise we will assume you are waiving your right to have the application determined within the statutory period". I suspect if you write back to assert your rights they will refuse it on vague grounds so you have to appeal which takes even longer, or they will just keep asking for more drawings to put the ball back in your court. Edit: Now I think about it we gif asked for another drawing 1 day before the 8 week deadline.

 

If they don't decide within 8 weeks you can file an appeal for non-determination. The issue is the deadline for appeals is 6 months from when the decision should have been made. So don't let them delay too long or you can loose the right to appeal. I would file an appeal no later than 4 months after the due date.

 

So I would write back to say you underand they they are busy and that it won't be considered with 8 weeks statutory period but you reserve the right to appeal for non determination if you feel no progress is being made.

 

 

Edited March 18, 2022 by Temp