How do I appeal against non determination?
How do I appeal against non determination?
The right to submit an appeal against non determination is set out in the Town & Country Planning Act 1990 s78(2). An applicant can appeal to the Secretary of State if the LPA has failed to give notice of its decision within the relevant statutory period (if there is no extension of time in place).
What is non determination of a planning application?
Non-determination is when the Local Planning Authority fails to determine the application within the statutory period. Very occasionally the Secretary of State will take the decision.
Can a planning refusal be overturned?
If your planning application is refused and you feel the decision is unfair, you are able to launch an appeal. You must lodge your appeal within three months (this deadline is for homeowners – developers with major projects have up to six months).
What happens if retrospective planning permission is refused?
If the retrospective application is refused, the local authority can issue an enforcement notice which requires you to put things back as they were. Read more about failure to comply with planning permission.
Is it worth appealing a planning refusal?
An appeal is worth considering in cases where the officer’s statement recommends approval but the application has been refused by the planning committee – this scenario isn’t as uncommon as you might think. At appeal, it presents the council’s officers with the unenviable task of arguing against their own report.
Can a person appeal against the non-determination of a planning application?
However, applicants should first consider engaging with the local planning authority to establish when an application might be decided, before deciding whether to appeal against non-determination. Paragraph: 002 Reference ID: 16-002-20140306 What is the deadline for submitting an appeal against refusal of permission or unacceptable conditions?
How long does it take to appeal a planning permission decision?
For more detail see Annex C of the Planning Inspectorate Procedural Guide. If an appeal on an application for planning permission is linked to enforcement action, there are only 28 days to make the appeal. All appeals must be accompanied by the relevant application documents, including the full statement of case.
Can a local authority extend the determination period for an appeal?
There is no opportunity to extent this period by subsequent extension to the local authority’s determination period. The agreement should be in writing to be effective in providing clear evidence of the right to raise an appeal against non-determination.
Why did we take the case to a non-determination appeal?
We took the case to a non-determination appeal after working extensively on the project and with the Council. In response to discussions during the application process we had: and reduced the dwelling sizes in response to concerns over massing.
