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PD nightmare (Read 3268 times)
Stu1975
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Re: PD nightmare
Reply #14 - May 6th, 2016, 9:12pm
 
Thanks for all of the info Smiley
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CWatters
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Re: PD nightmare
Reply #13 - May 6th, 2016, 8:48pm
 
Unfortunately I agree with Woodsmith. I know it's frustrating but it's best not to annoy them. Sometimes that means you have to smile and say thank you sir when they mess up.  

http://planningguidance.communities.gov.uk/blog/guidance/making-an-application/r...

Quote:
"What should happen if there is delay in validating an application?"

Applications should be validated as soon as practicable to allow the formal process of publicising and consulting on the application to begin. Sometimes delays can occur if there are concerns about the validity of an application. In such circumstances, it is advisable for local planning authorities to:

•discuss their concerns with the applicant at the earliest opportunity; and
•give clear advice about what steps need to be taken to address their concerns.

The requirements for a valid application are set out here.


Planning applications should be determined within 8 weeks from the date they are validated. However I don't think there is a target time to validate an application so my guess is they won't backdate the validation. Sorry.

If they fail to determine an application in 8 weeks from the validation date you can appeal for non-determination. However it's probably best to give them extra time first because there is usually a long backlog of appeals. The moment you appeal they may put your application on the back burner because they know they have another 6+ months before the appeal will be held.

In some areas of the country as soon as they receive an application they send out a letter stating that unless they hear otherwise they will assume you will waive your right to go to appeal if it's not determined in 8 weeks! If they send you such a letter I would write back and tell them that you are happy to discuss an extension to the 8 week deadline but reserve the right to appeal for non determination it drags out too long.

Beware that there are time limits for appealing for non-determination. You must submit an appeal within six months from the date the decision should have been made (eg 6 months and 8 weeks from validation).

If the application will have to go to a committee meeting put the meeting dates in your diary. Then about two weeks before each meeting contact the planning officer and ask if your application will be on the agenda of the next meeting just to prod him. He might just make the effort to do that saving you a 4 week wait for the next one. Likewise there is no point chasing him for a decision if it has to go to the next meeting and that's not for a few weeks.

Good luck.

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Stu1975
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Re: PD nightmare
Reply #12 - May 6th, 2016, 8:38pm
 
It's just so frustrating that it's been sat on someone Les desk for almost 4 weeks with nothing moving forward. I definitely don't want to rub them up the wrong way, I knew that applications are meant to be decided on within 8 weeks but I wasn't sure what would happen if it wasn't.
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woodsmith
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Re: PD nightmare
Reply #11 - May 6th, 2016, 5:23pm
 
It's 8 weeks from them receiving a complete application and payment so they may say that they didn't have everything. You could always have a word with your local councillor if things start to drag further but the last thing you want to do is get them off side.
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Re: PD nightmare
Reply #10 - May 5th, 2016, 9:03pm
 
Well the saga continues... I've not seen or heard anything from the council about the planning. Kept checking the portal and nothing. Called them, they know nothing about it. Spoke to the guy I've been dealing with from the council a few days later and he said it's been marked as insufficient funds. The validater who got my application didn't know that you don't pay the planning fee if PD rights have been removed. But nobody thought to contact me about this to ask for payment or query why I hadn't paid. I know planning should normally be decided in 8 weeks - but what happens if it's not?
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Stu1975
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Re: PD nightmare
Reply #9 - Apr 5th, 2016, 6:15pm
 
Thanks, Planning is now in so its just a waiting game now.
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Re: PD nightmare
Reply #8 - Apr 5th, 2016, 2:40pm
 
Good luck with the planning application. Let us know how you get on.
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Re: PD nightmare
Reply #7 - Apr 4th, 2016, 7:32pm
 
londonman wrote on Apr 4th, 2016, 2:58pm:
The one thing no-one has commented on but I will.  Your neighbour is a slimy weaselly piece of snot hanging down from a baby orang-utangs nose.

Presumably he saw you starting the work and yet let you carry on?  He is a ****


Yep we know this already. He has the only house down a row of bungalows - so his from the road looks nothing like the others... yet he is moaning about my changes to the back of the bungalow.
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Re: PD nightmare
Reply #6 - Apr 4th, 2016, 7:30pm
 
CWatters wrote on Apr 4th, 2016, 1:08pm:
Did the planning officer tell you the way forward?  If not ask their opinion on a retrospective planning application or if they are they likely to press for demolition? Keep it civil, don't agree to anything yet.

Is your extension similar to the one the neighbour got PP for? If so I  think you might stand a good chance getting a retrospective planning application approved, at appeal if necessary.




The enforcement offer came down to take photos today. On Friday we were beyond the point of no return, the property wasn't fully water tight, so to put the dorma on was the best thing to do. It will cost me to stop the work but it could also cost me to carry on with the work. As soon as the neighbour saw this go up he was back on the phone to the council - hence the visit today. He said he couldn't comment on if it would get planning permission or not as that is up to the planning officer. The planning went in today. The enforcement officer has been nothing but helpful really.
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Re: PD nightmare
Reply #5 - Apr 4th, 2016, 2:58pm
 
The one thing no-one has commented on but I will.  Your neighbour is a slimy weaselly piece of snot hanging down from a baby orang-utangs nose.

Presumably he saw you starting the work and yet let you carry on?  He is a ****
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Would all Third Party Apologists kindly mind their own business .....
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Re: PD nightmare
Reply #4 - Apr 4th, 2016, 1:08pm
 
Did the planning officer tell you the way forward?  If not ask their opinion on a retrospective planning application or if they are they likely to press for demolition? Keep it civil, don't agree to anything yet.

Is your extension similar to the one the neighbour got PP for? If so I  think you might stand a good chance getting a retrospective planning application approved, at appeal if necessary.


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Re: PD nightmare
Reply #3 - Apr 4th, 2016, 12:55pm
 
Quote:
Back in the 80's the owner split the properties into 2 dwellings and wanted an extension to his side. The planning people showed me the plans. That extension would have used up all of the permitted development rights due to its size.


Planning Conditions (such as one removing PDR) do not take effect until a grant of planning is implemented.  So presumably the split and extension were all on the same grant of planning and they are saying that this grant was implemented, even though it wasn't fully implemented (because the extension hasn't been built yet).





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Re: PD nightmare
Reply #2 - Apr 3rd, 2016, 2:11pm
 
Thanks for your reply.

The enforcement officer I saw at the council office was really sympathetic, although its not him I need to convince.

I didn't know if I needed to speak to a solicitor to get the PD back or if I could try and do this myself with the planning officer.

I asked my solicitor to send me everything on the house, the file is about 4 inches think. There is nothing in there about PD rights removed - that form was hidden in the depth of the council office. Even the enforcement officer had a job to find it after being tipped off by my neighbour.

Thanks again for you help Smiley
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Re: PD nightmare
Reply #1 - Apr 2nd, 2016, 6:23pm
 
I think you have a good argument that as the original extension was never built it would be unfair to remove your permitted development rights. However what is fair is not normally necessarily going to influence a planning officer.

First thing I would arrange an informal meeting with the planner, take any info with you including a photo of the house showing the extension was never built. You may be lucky and they may be amenable and if this is the case you must make sure you get any agreement in writing, an email will do.

If they will not reinstate your permitted rights ask them what your next step should be, and try to keep them on side, although that can be very hard! As a last resort retrospective consent is something to ask for.

I take it you have recently bought the house, did your solicitor not inform you that your permitted rights were used up?

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PD nightmare
Apr 2nd, 2016, 2:38pm
 
Hi,

Long story but I will try to keep it short.

I am at the end of an extension of my house, done under permitted development. I saw a few different builders and architects before picking which one to use, they all site it can be done under permitted development, no planning permission. Even called the planning office and checked with them and all seemed fine.

Now had a call from the planning office and had to go in for a meeting. It would seem that in the 80's permitted development rights were removed from this house. Buried in a massive file there was a blue bit of paper saying that PD right have been removed from the property.

Back in the 80's the owner split the properties into 2 dwellings and wanted an extension to his side. The planning people showed me the plans. That extension would have used up all of the permitted development rights due to its size. Someone has complained about the extension to the planning office - when I looked at all of the paper work at the planning office a neighbours name was all over it - he was the one that did the drawings etc back in the 80's - so that's how he knew that permitted development rights were removed.

As the extension was never built I don't believe that the permitted development rights should have been removed in the first place.

Do you think there is a chance of getting permitted development rights reinstated rather than applying for planning after the event as I am now past the point of no return.

Any advice would be great.
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