Lawful Development Certificate withdrawal

[Evil_Sid]

I have recently had to withdraw a Lawful Development Certificate (proposed) due to a complex legal technicality related to my property which meant it couldn't pass without modifications to the application that would be too extensive to be reasonable. 

 

I want to understand whether I have any rights regarding asking for the application to be removed from the planning record given I withdrew it?  This is because I know that the report prepared by the planning inspector had some factual inaccuracies as a side to the issues mentioned above and that these might prejudice the assessment of a subsequent application.

 

Thanks

Sid

Edited December 6 by Evil_Sid

[ToughButterCup]

Hello. Welcome.

Hmmm, it's a Planning Lawyer you want. Not us builders.

I have a feeling - and its no more than that - that withdrawn applications cannot not prejudice a new application: because the content of the old application is irrelevant.

Just imagine if in the Decision Notice (to the new application) , reference were made to the earlier withdrawn application : you'd have firm grounds on which to Appeal.

The new application will allow you to correct the previous factual inaccuracies.

 

But I doubt whether you can ask for reference to an application be removed from the record. I think it likely that any documentation in the withdrawn application might  be hidden from online view. That seems to be the case here in Wyre Borough. In other words, anyone can see that there was an application, but there's no link  to its content.

[Temp]

All I can suggest is that in any new application you address the errors that you think might come up again.

 

I mean without actually referring to the previous report if that's possible. Just work then into the Design and Access Statement or similar. I suppose it depends what the errors were. If it's something like the history of the site then write your own history.

 

[Jilly]

Usually they say on the pertaining ‘withdrawn’. It may depend on the LA whether they leave the paperwork readable and for how long. 

[Evil_Sid]

Many thanks for the responses.  I think I will try to ask the local authority to remove the associated paperwork as mentioned even if they leave the reference to the application