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planning application 8 week time limit

please could anyone tell me if theres anything i can do if planning authority take longer than the 8 week time limit to decide my planning application. they have been 12 weeks so far and when i phoned them they said they wont even look at my applicatin for another 3 weeks because they have a backlog of applications to deal with first. thanks.

jaspercarrot Sat 06/09/08 16:26

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The Builder
Sat 06/09/08
18:25

Difficult position Jasper. When the application form is filled out, there's usually an option for them to extend the 8 weeks to 12. Even if you ticked this option, it looks like they are going to go over.
You have every right to complain to them......but.........remember, you do run the risk of antagonising them and making them even more awkward than they normally are.
Bite your lip and go with it ..............remember these are civil servants, and not a "proper" company :o)

jaspercarrot
Sat 06/09/08
18:29

Question Author

thanks buildersmate

The Builder
Sat 06/09/08
18:32

...........wrong one Jasper...................Buildersmate is the Oracle................LOL

jaspercarrot
Sat 06/09/08
18:37

Question Author

oops sorry

alan30
Sun 07/09/08
11:12

If they fail to reach a decision within 8 weeks you can Appeal to the Secretary of State. This takes it away from the Council and into another time controlled process although this one tends to be strict to programme.

http://www.direct.gov.uk/en/HomeAndCommunity/P lanning/PlanningAppeals/DG_10026061

jaspercarrot
Sun 07/09/08
11:28

Question Author

my planning application is a reserved matter application
outline was passed on appeal by inspectorate a year ago,
so i dont know wether to wait for local authority or take to inspectorate but local authoriy have indicated to my architect that they will refusethe application.

bushbaby_de
Sun 07/09/08
21:25

You can either appeal for non-determination now or against the refusal if/when it arrives. Find out from your agent if they have written a letter advising why it may be refused, as this gives you something to work with when putting the appeal together, if you choose that route.

BTW the Council can't simply decide to extend the time limit, by statute its 8 weeks for minors/others and 12 weeks for majors, so if your validation letter said it was an 8 week minor that is their deadline. Just be aware that you lose the right to appeal for non-determination once more than 6 months after the deadline have passed, and some Councils do seem to use this to make applications disappear when they are backlogged.

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