42 day notice neighbour objection

[Mr Sparkle]

I want to do an extension, which requires a 42 day notice under planning.

I have received an objection from one of my adjoining neighbours, so now the council will have to make a decision on whether to approve or reject our extension proposal

Should I expect a visit from the council now?

Or do they make a decision without visiting the site?

If they do visit, what can I do to prepare/ put my proposal in a good light?

A number of neighbours have similar extensions to what I am proposing. I plan to point this out.

 

[Nakajo]

1. Maybe. 2. Sometimes. 3. Cup of tea.

 

[johnny2007]

It depends what the objection is about.
If they can make a decision from the plans, they'll do that without visiting.

 

[^woody^]

It seems you are referring to the neighbour consultation scheme, and not a planning application. So no site visits are involved.

The council will assess the objection as to whether it's relevant or not. If not, it wont be deemed permitted development and you will have to apply for formal planning permission.

 

[Mr Sparkle]

It seems you are referring to the neighbour consultation scheme, and not a planning application. So no site visits are involved.

The council will assess the objection as to whether it's relevant or not. If not, it wont be deemed permitted development and you will have to apply for formal planning permission.

I was under the impression that even with the neighbours objection, the council would be obligated to make a decision within 42 days on whether I can go ahead with my extension or not.

Is that not the case?

The application form I completed and submitted to the council was called

'An application to determine if prior approval is required for a proposed: Larger home extension'

 

[^woody^]

Yes the council should respond within the 42 day determination period - they will notify you what date that is after they accept a application and serve notices

 

[Mr Sparkle]

Cheers Woody

 

[Nakajo]

Note that their 'notification' is irrelevant. The clock starts from the date of submission.

 

[^woody^]

The clock starts from the date of submission.

From when formally registered, not submitted.

 

[tony1851]

From when formally registered, not submitted.

There is no 'formal registration' as it is not a normal planning application.
The council only needs to be notified 'in writing'. (There are official forms, but whenever I do these P.N. applications,I just use a standard letter and it has always been accepted).
The 42-day period starts when the council have received the form or letter, not after some arbitrary 'registration period'.
If the council does not issue a decision within the 42-day period, the applicant can go ahead by default.
The council is at liberty to ask for further details if the information submitted is not sufficient for them to decide if it would be permitted development.

 

[^woody^]

There is no 'formal registration' as it is not a normal planning application.
The council only needs to be notified 'in writing'. (There are official forms, but whenever I do these P.N. applications,I just use a standard letter and it has always been accepted).
The 42-day period starts when the council have received the form or letter, not after some arbitrary 'registration period'.
If the council does not issue a decision within the 42-day period, the applicant can go ahead by default.
The council is at liberty to ask for further details if the information submitted is not sufficient for them to decide if it would be permitted development.

Nonsense. The application gets registered and recorded as part of the planning history, it is a formal application although not a formal application for planning permission.

The application has to be validated, and that's when the time period begins.

In your scenario, someone can send in any old crap that has no detail, no info, nothing, just "I want to build an extension", drop it at some distant council department, wait for it to wind it's way around the internal post and various people before eventually reaching the planners 43 days later, but oh that's OK the letter was sent and the notification made. Yeah right.

 

[tony1851]

The application has to be validated, and that's when the time period begins.

Sorry, but wrong; there is no 'validation' process mentioned in the legislation (though many councils will do this without realizing it counts towards the 42-day period).

Have a look at Martin Goodall's Planning Law Blog; the statutory requirements are all there.

 

[^woody^]

Sorry, but wrong; there is no 'validation' process mentioned in the legislation (though many councils will do this without realizing it counts towards the 42-day period).

Have a look at Martin Goodall's Planning Law Blog; the statutory requirements are all there.

So I just drop a note in at Social Services and that's OK?

 

[tony1851]

Here's part of the Statutory Instrument which deals with the process:

Note that in para 10 it states that the LPA must give their decision within 42 days of the notice being received by the LPA. If the council pen-pushers and box-tickers want to spend 10 or 12 days 'validating' it, that's up to them, but they must make their decision within 42 days of receipt, and that must include for the 21 days neighbours have to respond.

 

[^woody^]

received

And what is deemed as receipt?

What counts as a notice being received??

Does submitting an invalid notice count as receipt?

Does a council check if a notice is valid or not?