Extension of planning permission deadline

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Extension of planning permission deadline

Postby alpacaman » Thu Nov 23, 2017 6:50 pm

I have just received an email from our council's planning department saying that they have not dealt with our application correctly and, because the application is for a garage in the grounds of a curtilage listed building, they now need to put up a new site notice and advertise it in the local press. They have asked us to agree to an extension of the determination date by 10 days.

Some facts:

1. I took pre-application advice from the council. The planning officers were aware that the building was curtilage listed (and I had to submit a heritage statement with the application for exactly this reason).

2. My understanding of The Planning (Listed Buildings and Conservation Areas) Regulations 1990 (regulation 5) is that press advertising is only required for listed building consent and conservation area consent applications, of which this is neither (it's a normal planning application, necessary only because PDR have been removed and/or because the development is in the grounds of a listed building)

3. The 2004 amendment to these (regulation 5A) would appear to require press advertising only if "the authority think that the development would affect the setting of a listed building or the character or appearance of a conservation area", which implies that they have some discretion.

4. The same council did not require a similar application submitted and granted in 2014 for an outbuilding in our grounds to be advertised in the press

5. After emailing us, the council updated its online planning system with the new, extended dates, even though we have not (yet) agreed to any extension of the deadline

I know 10 days isn't a lot (although it does now mean that we will have to wait until the New Year to get our groundworks done), but am I right to feel a bit peed off about this?
alpacaman
 
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Re: Extension of planning permission deadline

Postby MacadamB53 » Fri Nov 24, 2017 12:28 am

Hi alpacaman,

I know 10 days isn't a lot (although it does now mean that we will have to wait until the New Year to get our groundworks done), but am I right to feel a bit peed off about this?

sure, and you don’t have to consent to the extension either - they have eight weeks to determine your application, after which you can appeal.

kind regards, Mac
MacadamB53
 
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Re: Extension of planning permission deadline

Postby alpacaman » Fri Nov 24, 2017 9:51 am

MacadamB53 wrote:Hi alpacaman,

I know 10 days isn't a lot (although it does now mean that we will have to wait until the New Year to get our groundworks done), but am I right to feel a bit peed off about this?

sure, and you don’t have to consent to the extension either - they have eight weeks to determine your application, after which you can appeal.

kind regards, Mac


Thanks. Although of course an appeal will take even longer than the extra 10 days. If I don't consent to the extension, I imagine they'll just refuse to determine it because the correct process wasn't followed (and I didn't allow it to be). The bit that annoys me most, I think, is the fact that they have gone ahead with the extension (putting new dates on their website, etc.) without me actually agreeing to it. Surely this is wrong?
alpacaman
 
Posts: 19
Joined: Fri Nov 04, 2016 8:17 am

Re: Extension of planning permission deadline

Postby MacadamB53 » Fri Nov 24, 2017 10:11 am

alpacaman wrote:
MacadamB53 wrote:Hi alpacaman,

I know 10 days isn't a lot (although it does now mean that we will have to wait until the New Year to get our groundworks done), but am I right to feel a bit peed off about this?

sure, and you don’t have to consent to the extension either - they have eight weeks to determine your application, after which you can appeal.

kind regards, Mac


Thanks. Although of course an appeal will take even longer than the extra 10 days. If I don't consent to the extension, I imagine they'll just refuse to determine it because the correct process wasn't followed (and I didn't allow it to be). The bit that annoys me most, I think, is the fact that they have gone ahead with the extension (putting new dates on their website, etc.) without me actually agreeing to it. Surely this is wrong?
it’s presumptuous, yes, but I wouldn’t go as far as saying it’s “wrong” - the date could easily be revised again if you refused consent...
MacadamB53
 
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