LPA ignores '8-week or agree timescale' rule?

[Alan Ambrose]

My LPA (East Suffolk) seems to just ignore the '8-week or agree timescale' rule ... amongst others.

 

Yeah you can do the non-determination appeal thing but (a) that's probably 6 months delay, (b) also probably as capricious as the standard LPA process and (c) you have to make an educated guess of the LPA's objections in the appeal statement (FFS).

 

"Where the appeal is against non-determination, it must address the areas that you consider most likely to comprise the local planning authority’s objections to the development proposed;"

 

I'm sure my LPA is very familiar with the territory and that's why they simply ignore the 8-week rule.

 

My questions are:

 

(a) how normal is this?

(b) am I right in thinking that the LPA's behaviour will be simply ignored by the Inspector (as isn't actually relevant to the planning decision)?

[nod]

It is normal I pointed this out and was told I hadn’t supplied all the information that they hadn’t asked for till I mentioned the eight weeks 

[Dave Jones]

from some of the appeals ive read, non determination is not a bad route. The inspector forces the council to respond to the application. Can also ask for costs.

[PNAmble]

Northumberland took 21 weeks to pass my planning for a new build, no extension requested,  site had previous planning approval, and we had no objections.  
 

they ‘forgot’ to post the notice on the lamp Post so had to ‘restart the timer’.  
 

my architect was useless despite him telling us when we contracted with him that he had contacts.   In the end I email the head of planning and within two days forced them to make a decision. (Which was positive) 

 

I was advised not to go to a non determination appeal as it stops the clock, effectively refuses planning and even if you win the appeal you have to resubmit and they ‘guarantee’ an 8 week response. 

 

 

[Alan Ambrose]

>>> The inspector forces the council to respond to the application.

>>> I was advised not to go to a non determination appeal as it stops the clock, effectively refuses planning and even if you win the appeal you have to resubmit and they ‘guarantee’ an 8 week response. 

 

Ah this is interesting .... are you suggesting that the inspector will just twist the LPA's arm? This is what 'Planning Aid England' thinks:

 

The Secretary of State appoints an Inspector from the Planning Inspectorate to consider the application.

As part of the appeal process the LPA will be asked to explain why the application was not determined within the specified time and what their decision would have been if they had determined the application.

An Inspector when assessing this type of appeal will ultimately also be determining the application.

 

... suggesting the the inspector becomes the decision maker instead of the LPA?