Permitted development application deadline passed

[Chalky]

Have an application in for stone extraction for on farm use. Does not contravene any council guidelines they have published, and is within scale of examples I have seen passed(albeit before new forms & a different council). Where do I stand?

Unfortunately the due date 21st March, pretty much co-incided with COVID lockdown on 23rd. Though there was nothing out of the council for the preceding 4 weeks.

Any advice, experience welcome

 

[Steevo]

It's permitted development notification...you were only notifying them of your intentions.

If they don't come back to you within 28 days I believe you are free to do as you wish.

I think you'd have a pretty strong case on that one.

 

[George from SJM Planning]

Have you had any communication from the council at any point during the application?

 

[Chalky]

Nothing at all George. Not sure of protocols, but have seen no notices posted(if they are required) on any telegraph poles on roads that are nearest(300-400m) to the site whils still on the highway. It is online as waiting determination. We have emailed for update before the balloon went up, and again since with no comeback(since has an excuse of course due to re-purposing of staff in the councils which is occurring) but a deadline is a deadline??

 

[George from SJM Planning]

Nothing at all George. Not sure of protocols, but have seen no notices posted(if they are required) on any telegraph poles on roads that are nearest(300-400m) to the site whils still on the highway. It is online as waiting determination. We have emailed for update before the balloon went up, and again since with no comeback(since has an excuse of course due to re-purposing of staff in the councils which is occurring) but a deadline is a deadline??

Yes for Prior Notification a deadline is a deadline. Would you like to send me the application number and local authority in a private message and I'll have a quick look to see if there is any red flags before you crack on?

 

[Chalky]

Will do! Could they call 'force majeure' in this case, albeit at the end of the period of notice?

 

[George from SJM Planning]

Will do! Could they call 'force majeure' in this case, albeit at the end of the period of notice?

I don't think so. If it all checks out I would email them and state you believe that due to the period of time that the LPA have decided that Prior Notification is not required and that you will be starting the work on xxxxxx. Then you will have covered your ***.

 

[George from SJM Planning]

I have looked at @Chalky 's application and have advised him to notify the council by email that he intends to start work as they have not been in contact as per this condition in Part 6 of the GPDO;

....is permitted by Class A subject to the following conditions—
(cc) the expiry of 28 days following the date on which the application under subparagraph (2)(ii) was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

 

[Chalky]

The reason for not using my JFDI approach, is that we already have a fraught relationship with planners over housebuilding/turbines etc & did not want to muddy waters further!

 

[Steevo]

The reason for not using my JFDI approach, is that we already have a fraught relationship with planners over housebuilding/turbines etc & did not want to muddy waters further!

Sometimes better safe than sorry.

 

[Forever Fendt]

George will no better but I believe there have been instances when people have put in pd and the council have been silent only to come up with issues stating not P/D when work has started so perhaps the letter is a good idea

 

[George from SJM Planning]

George will no better but I believe there have been instances when people have put in pd and the council have been silent only to come up with issues stating not P/D when work has started so perhaps the letter is a good idea

This is not uncommon and I advised @Chalky that a letter or email would be a sensible course to take

 

[TheTallGuy]

As per the above, the GPDO doesn't give the planning department any get-out clauses, so the deadline is the deadline - the application is online so the received/validation date will serve as evidence of receipt of the application. Furthermore the council had the opportunity to email or write to the applicant saying "due to the COVID19 situation... blah blah blah", but they haven't. Finally, the COVID19 "lockdown" should not be preventing the planning department from operating as it was only the specified businesses that were required to close - this did not include council offices. Sending a letter or email as a courtesy is a good thing, but please ensure that it is worded such that it is clear that as the 28 days have passed the application is approved by default full stop.

 

[chaffcutter]

Our planning dept always delays from the application date before they validate the application, and writes to confirm that date. If no letter received I would check that date via the website to be certain the 28 days are expired from validation.

 

[George from SJM Planning]

Our planning dept always delays from the application date before they validate the application, and writes to confirm that date. If no letter received I would check that date via the website to be certain the 28 days are expired from validation.

I have checked for @Chalky and the validation date is over 28 days ago

 

[Forever Fendt]

Our planning dept always delays from the application date before they validate the application, and writes to confirm that date. If no letter received I would check that date via the website to be certain the 28 days are expired from validation.

The 28 days starts from the first full day after the LPA received the application ( including weekends and holidays ) and they have to inform you of there decision within the 28 day period putting it on website does not count , If you put your email on forms they can email you if you applied by hand or post they have to allow for std postal time for decision to get to you by day 28