Planning Application Dragging On

[Cos]

Hi,

 

I submitted planning application Nov 23 and due to the backlog the local council back dated to sometime in Oct as the validation took so long (for some reason the local planning website is down so cannot find the exact date in Oct).

 

The decision was due on 25th Dec 23 and for obvious reasons, I was asked for a further two week extension to allow for neighbour consultation. 

 

Today, the date before a decision was due I have a request to extend a further two weeks because the conservation team haven't got back to the planning officer.

 

For one thing, the property is not in a conservation area but is nearby a conservation asset so their two penneth is required!!

 

I believe the legal time period for determining an application is 26 weeks and I think that this extension request will push this over (I can't determine until I can get on to the local planning website) so if it does, can I refuse the extension?  Does 26 weeks take in to account holidays etc?

 

What action is likely if I do refuse the extension?  Do the local planning officers just refuse the application out of spite?  Can they refuse on the grounds that they dont have a response from the conservation department?

 

My concern is that they've had this application for a while and all I keep getting is excuses and extension requests, and knowing this council they'll just refuse in the end anyway.  I just feel they're looking for excuses so am looking for some advise in case anyone has been in this situation.

 

Thanks

[Redbeard]

I don't quite get the maths here. If we assume the very beginning of Oct I think that's 16 weeks to date, with a 2-wk extension taking it to 18. Have I misunderstood?

[kandgmitchell]

There are various time scales depending on the type of application.

Assuming your's is a minor application then they have 8 weeks to determine it. Beyond that you have the right to appeal against "non-determination". However if you agree to an extension of time then that right is suspended until that time period expires. The Council ought to give you an anticipated time of determination along with that extension of time request. Ultimately if 16 weeks have passed you can get your fee back but you aren't supposed to engineer that by being awkward.

 

Some Councils are just disorganised, others are just awful, many however are actually understaffed and overworked. I find it's best to smile through gritted teeth and go along with it if you can. Conservation teams are often a problem because they live either live in tudor age timescales or the "team" is one person dealing with lots of things (in our own case for several authorities as well). The trouble is if you threaten appeal they're not bothered as it just goes off their desks for a few more months. Perhaps a polite email explaining you've waited a while now and asking for a firm date for determination if you agree to a further extension.

[Alan Ambrose]

Yeah agree with the last sentence. Or a call if they answer calls. If you can get a sense informally which way they’re leaning you’ll be ahead.

 

BTW the non-determination appeal route is also properly slow - 10-12 weeks just for ‘validation’, and around 9 months for a decision.
 

You can look your LPA up in the gov tables to see how bad they are re turnaround time & ‘accuracy’ i.e. % of decisions overturned at appeal. Table P153 I believe.