PRIOR APPROVAL APPLICATION

February 27, 2024 by Mike Rayner in forum Planning Forum

#2255 Mike Rayner, 27 February 2024, 17:50

Application went over time with no contact from the LPA

#2256 Damian, 27 February 2024, 18:01

A PA application for what?

#2257 Mike Rayner, 27 February 2024, 18:03

I should have put more in my original post, I submitted a Class Q application for both Q1 and Q2 Oon the 1st Nov 2023, it was validated on the 3rd Nov, I had no contact from the LPA until the 4th Jan 2024 when I was asked for an extension of time, after much tooing and froeing and more extensions of time the application was refused, my querry is, as the application went over the allotted 8 weeks, should the application be deemed approved by default

#2258 Mike Rayner, 27 February 2024, 18:09

conversion of a redundantagricultural building to a dwelling

#2259 Damian, 27 February 2024, 18:14

As EoT’s were requested and agreed to, you now have the final determination. If you are not happy with the final decision, your option is to try again with another PA application or Appeal.

It would have been a slightly different story should you have not had any contact within 56 days of the PA application being validated.

#2260 Mike Rayner, 27 February 2024, 18:46

if I hadn't agreed to the eot would they have had to approve the application

#2261 Damian, 27 February 2024, 18:59

No as they had been in contact with you. No contact or decision within 56 days gives you that approval to proceed.

#2262 Mike Rayner, 27 February 2024, 20:03

it was more than 56 days, so rather than sending me a request for an extension of time they should have sent an approval, somewhat dishonest

#2263 Damian, 27 February 2024, 20:15

Did they make “any” contact with you within 56 days of validation including if they had requested an Extension of Time?

#2264 Damian, 27 February 2024, 20:18

Check the wording of the validation letter. If it was validated on 3rd November, then the 56th date would have been 29th December. That is the date that should be mentioned on the validation letter. And if no decision been made or EoT requested prior to that, then it would normally mean works can go ahead.

How come you have waited another 56 days?

#2265 Mike Rayner, 27 February 2024, 20:24

absolutely no contct until 4th jan, I didn't know about the 56 day thing, we had several more extensions of time, the refusal is dated 7th feb

#2266 Mike Rayner, 27 February 2024, 20:29

their decission target date was dec 29th, 6 days before the first contact

#2267 Damian, 27 February 2024, 20:39

Your validation letter should tell you what happens after 56 days/29th December. You maybe should have acted on that then. But regardless, if they did not reach a decision within the timeframe and guidance set by the Prior Approval process, then that should automatically give you the right to proceed.

You may be better off speaking to a local Planning Consultant so they can check what was applied for, the communication (or lack of) and the final decision.

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