LPA unresponsive, what can I do?!

[Sam G]

Hi everyone,

 

I wondered if anyone had any thoughts about what we can do in a situation like this -

 

We submitted a planning application 11 months ago (August) for conversion of a very small (< 30 m2) agricultural barn which already had class Q permission. LPA was extremely slow to deal with this. We then submitted a second, much less ambitious, planning application in March while we waited, because we were worried about the class Q permission running out with no backup in place.

 

Eventually, the LPA recommended refusal but seeing as we had parish council support the application went to the Planning Committee in April. Planning Committee voted to overturn the LPA recommendation and allow permission. So we no longer need the second planning application which was submitted in March.

 

Now, more than three months since the Planning Committee, we are still waiting for the LPA to confirm their planning conditions and issue the decision. It's still just 'awaiting decision'. They won't answer the phone and don't reply to emails. They are also proposing to include some very onerous conditions (e.g. 1:1 scale plans) which were not mentioned by the Planning Committee and are far in excess of the conditions imposed for other approved developments nearby.

 

Does anyone have any thoughts on how we might proceed? Our first priority is to actually get them to issue the planning decision so that we can start on our project. Our second thought is whether we can get any money back from our planning applications. We paid £494 last August, and another £494 in March for an application we don't need (and they seem to be ignoring) but we don't feel like we have had much in return.

 

thank you!

 

Sam

[Big Jimbo]

Can you remember any of the local councillors that were on the committee when your application was approved. Perhaps you could try emailing them and asking them to chase it up. Makes you wonder why we pay council tax. Bloody waste of desk space. Try and get online and see if you can find the minutes of that meeting. Your planning app decicion will be recorded. Print it off. Once you have it atleast you are safe. Send a copy of that to the head of planning, and ask them for your approval notice by return.

[Alan Ambrose]

If it any consolation, I have the same problem with East Suffolk LPA.

[saveasteading]

25 minutes ago, Big Jimbo said:

find the minutes of that meeting

That was the decision, and the approval therein will be just as the eventual document. The officer will have had it prepared before the meeting, and altering refused to permitted doesn't take long ( sometimes I think they even have it ready as an option).

 

For peace of mind you could email or recorded delivery a message saying you have not received the confirmation but are commencing works based on the committee decision....then you are covered. The planners won't mind, they are understaffed and thick skinned.

[Big Jimbo]

Mine came the same night as the committee meeting at about 10pm

[LSB]

involve the parish council, they approved and the local councillor will attend or have the minutes of all the meetings.

As the local councillor to follow up, if you ask formally via letter / email then they have to, they can't just ignore you.

Then do that at every parish council meeting, ours are monthly, not sure how often yours are.

 

 

[LSB]

5 hours ago, Alan Ambrose said:

If it any consolation, I have the same problem with East Suffolk LPA.

Alan contact Andrew Read (andrew.reid@suffolk.gov.uk), until recently he was our local councillor, taken over by Sally Noble, but she's not been to any meeting yet so don't know her yet.

 

Andrew has always responded to our requests or at the very least told us who we need to talk to, I think he is now our district councillor.

 

Sorry Big Jimbo, but you should be able to find out these details for your parish.

Google your parish as it's a legal obligation for the PC to publish minutes which will have the name and email address of your local councillor.

 

Planning meeting dates are also published, find out when the next one is and go, then you should be able to get names from there, possibly no chance of talking, but will give you some details.

 

Nag nag and nag again, don't bother with phone calls, emails / letters are more difficult for them to ignore.

 

Jill

 

 

 

 

[nod]

Ours no longer takes phone calls and charge £150 per question via email 

[Temp]

 

8 hours ago, Sam G said:

Planning Committee voted to overturn the LPA recommendation and allow permission

 

8 hours ago, Sam G said:

Now, more than three months since the Planning Committee, we are still waiting for the LPA to confirm their planning conditions and issue the decision.

 

So the committee voted to approve and you still don't have the planning grant? That's crazy

 

I would appeal for non-determination and ask for costs. Beware you only have 6 months I think. I reckon the moment that's filed you will get your permission. On what possible grounds can a planning officer overule the elected committee? 

 

I suppose if there is time before the deadline you could write to the head of the planning department and head if the committee to tell them you will have to appeal for non determination if the grant isn't recieved by date. Make sure to remind them it was approved by the committee meeting months ago.

Edited July 19, 2023 by Temp

[saveasteading]

2 minutes ago, Temp said:

On what possible grounds can a planning officer overrule the elected committee?

Let m clarify a few things.

 

The Parish Council is only a consultee. Their decision to recommend or oppose approval is only advice to the local authority  and is not what you need. Of course you can ask your parish council to help in getting contacts by all means.

 

The planning officer can not overrule the Planning Committee, of the elected District or Borough Council. They make recommendations and then act to confirm the decision made.

 

Even if the Officers have been given delegated powers, the decision is technically that of the committee.

 

The minutes should be published and readily available online. If not  (and many councils are being very slow due to reduced staff) , then speak to your District Councillor and ask them to gt hold of the minutes for you.

 

They cannot charge £150 to answer an email. perhaps this is confusion with the charge for pre-consultation.

 

anything else?

 

 

[Temp]

Exactly. There is no excuse for the planning officer not to issue the planning grant after its been approved by the committee. In my area it takes ages to get planning approved but once it is the grant is normally issued within a week or 10 days. 

 

@Sam G Have you checked the web site to see if it's on there? Might have got lost in post?

 

 

[patp]

Your district councillor should be the one to take up your case. As above the parish council have no teeth ( I used to sit on ours).

[Alan Ambrose]

>>> Alan contact Andrew Read (andrew.reid@suffolk.gov.uk), until recently he was our local councillor, taken over by Sally Noble, but she's not been to any meeting yet so don't know her yet.

 

Thanks, Jill.

[Sam G]

Thanks everyone for the helpful advice. The issue we are facing is that even though the Planning Committee voted to approve our application, they left it with the LPA to confirm which conditions they are going to attach, so we still need to wait for that. We will follow up with local councillors if this goes on much longer.

 

all the best,

 

Sam

[Temp]

It's quite normal for the committee to let the PO write the actual Planning Grant and conditions but it usually happens quite quickly one they approve the application.

 

Just keep an eye on the time limit for appealing for non determination or you loose the right and then they can take as long as they like. Appeals cost the council money so the mere threat of appealing might speed up the process.

[saveasteading]

2 hours ago, Temp said:

It's quite normal for the committee to let the PO write the actual Planning Grant and conditions but it usually happens quite quickly one they approve the application.

The conditions should have been included with the officer's recoommendation, and thus were approved.

Otherwise, it wasn't really concluded.

If you could just find the agenda papers or minutes. Keep trying.

[LnP]

If it takes them more than 6 months to determine the application, they have to refund your application fee. You have to request it though. We waited till the permission had been granted until we made the request, but we did get our money back. 

[Temp]

I checked and you can only appeal for non-determination in the 6 months from the date your decision was due to arrive. So probably too late if the application was made 11 months ago.

Edited July 22, 2023 by Temp