PD: No response from planning authority with 28 days?

[Elemental]

Before Christmas I submitted an application for prior approval for a general use agricultural building (my holding is more than 5Ha). I have not heard anything back from the planning authority and we are now at the 40 day mark. Should I start work?

This is my second application, the first came back as 'prior approval required' but I made a change to the building orientation and added a landscaping plan on this latest application

 

[bobk]

@George from SJM Planning

 

[Still Farming]

They take 6 weeks minimum on a good year.
With Pandemic Christmas and unprecedented times bet 3 months now?

 

[George from SJM Planning]

Have you had any communication from the LPA since you submitted the application?
If you have not be told that Prior Approval is required within 28 days of a valid application being submitted then you can assume Prior Approval is not required.
My suggestion is to email the LPA stating that since more than 28 days has passed since the application was submitted and the LPA have not notified you that Prior Approval is required then under Schedule 2 Part 6 Paragraph A.2 (2) then you are free to continue.

 

[Elemental]

Have you had any communication from the LPA since you submitted the application?
If you have not be told that Prior Approval is required within 28 days of a valid application being submitted then you can assume Prior Approval is not required.
My suggestion is to email the LPA stating that since more than 28 days has passed since the application was submitted and the LPA have not notified you that Prior Approval is required then under Schedule 2 Part 6 Paragraph A.2 (2) then you are free to continue.

 

[Elemental]

thanks for your reply,
I had some contact with them initially as they had listed my address incorrectly and I had to get them to amend.

The interesting point is that my original application was deemed to need prior approval, however I have materially changed the application and resubmitted (have a new application number) and it is this one that has gone over the 28 days.

 

[George from SJM Planning]

I would just email them and say you are starting work tomorrow on the building as you have given them ample opportunity to notify you that Prior Approval is required.

 

[Forever Fendt]

They take 6 weeks minimum on a good year.
With Pandemic Christmas and unprecedented times bet 3 months now?

28 days strictly

 

[Steevo]

28 days from submission or validation?

For a FULL application validation is usually what counts. Thought 40 days is still 12 days over the limit....that’s probably about right (perhaps even considered good!) for validation!!

 

[Still Farming]

They nearly always crack a letter off wanting more info and the clock starts again????

 

[Forever Fendt]

28 days from submission or validation?

For a FULL application validation is usually what counts. Thought 40 days is still 12 days over the limit....that’s probably about right (perhaps even considered good!) for validation!!

On the prior notification process if the application is complete , (Don't skimp on it always best to have full drawings done for the building and send everything in so they have all that they could need ) then the time starts the next full day after it is submitted regardless of weekends, or holidays and then they have to inform you of the decision BY day 28 so if you submit by post or hand they have to allow enough time for standard postage or if you put email on the forms they can email you

 

[Werzle]

They nearly always crack a letter off wanting more info and the clock starts again????

Yep, if the OP know's he is in the right i would crack on asap.

 

[George from SJM Planning]

28 days from submission or validation?

For a FULL application validation is usually what counts. Thought 40 days is still 12 days over the limit....that’s probably about right (perhaps even considered good!) for validation!!

LPA's are now supposed to backdate validation to the day the application is received if all the information was correct and the fee paid.
They used to start the clock when the had checked the application which was fine when they validated it within 48 hours but I had a full application within the past year that the consultation period had expired before validation had occurred!

 

[Elemental]

Thanks for the advice everyone. I'm confident that the initial application was complete and I even went to the extent of including a landscaping plan alongside the site and block plan and usual building elevations. Fee was paid and the application validated.
I think I will send a letter before I start any work, at least explaining my decision I'm case I need to refer to it in the future. I've got a few more applications planned in the next few years so could do without annoying the LPA!!

 

[George from SJM Planning]

Thanks for the advice everyone. I'm confident that the initial application was complete and I even went to the extent of including a landscaping plan alongside the site and block plan and usual building elevations. Fee was paid and the application validated.
I think I will send a letter before I start any work, at least explaining my decision I'm case I need to refer to it in the future. I've got a few more applications planned in the next few years so could do without annoying the LPA!!

Very sensible, no point getting on the wrong side of the council.

 

[Elemental]

Update for anyone who's interested. Apparently the council had sent the notification within the proper timescale but to a completely different person, not connected with my application. Thankfully they confirmed that prior approval wasn't required but it would've been an interesting point of law - the had made a decision but hadn't notified the correct person within the 28 days

 

[B R C]

I have a prior notification in, a week to go. Looking at the documents, the case officer visit is down as being on the 8/2. I didn’t hear from them and site not visible from public highway, so either that’s wrong or they drove by and waved or can’t be bothered coming at all...

 

[bobk]

I have a prior notification in, a week to go. Looking at the documents, the case officer visit is down as being on the 8/2. I didn’t hear from them and site not visible from public highway, so either that’s wrong or they drove by and waved or can’t be bothered coming at all...

Ring them , we rang them every day until they passed it , no pressure

 

[B R C]

I thought it better not to have any communication?

 

[B R C]

Planning through today 27 days... Very happy, drew shed myself, put planning in online and zero communication with council planning department, can’t do better than that. Total cost about £120.