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Any planners to explain date of Submission vs date of validation

(18 Posts)
Cailleach1 Thu 24-May-18 23:08:25

Hi,
It may seem an odd one. Just wondering if the date of submission of an application is different from the date of validation.

If you submit something before a new regulation comes into being and it is only validated after the date it comes into being, will it apply? Council says it applies for applications submitted after a certain date. It doesn't state it only applies to applications validated after the date.

Anyone?

Needmoresleep Thu 24-May-18 23:59:20

That would sound reasonable. You submit. Then the planning officer goes through and validates the application, checking it is complete. They sometimes phone with questions, or ask for specific studies or information.

Once validated the clock starts ticking with local residents and others given a set number of days to submit objections.

Needmoresleep Fri 25-May-18 00:03:20

I should add I am not a planner, so stand to be corrected. It just seems that developers are determined to build huge buildings next to properties I own.

Cailleach1 Fri 25-May-18 01:00:30

Thanks for posting Need. Not so simple for us. We submitted an application before the new regulation came into effect. Our application was validated after the new regulation came into effect. The Council's website states that it only applies to applications submitted after that date.

Yet, we are being to provide more material in accordance with the new regulation.

wowfudge Fri 25-May-18 04:39:41

Ask the planning department to clarify why they are asking you for this additional information when your application was submitted before the date in question. Potentially a misinterpretation by them I'd say.

Thatsnotmycat Fri 25-May-18 07:00:30

It’s a tough one, I would think that say if it’s a fee you would expect to have the application submitted at that date, but say it relates to a change in legislation that states on this date XyZ I would expect that it would need that information to be made valid. Saying both of that I would question the reasoning from a senior member of staff. Unfortunately there is no one answer, it will down to each authority with its own procedure.

Cailleach1 Fri 25-May-18 14:58:39

ok. It seems to me it is being arbitrarily applied to our case. Although it says it only applies to submissions from March, they are maintaing it has been a requirement for a long time. Bear in mind, their notes in February showed the application to be set out as mine was, . Also there is a picture which is still on the website showing the depiction as I submitted. The notes have now changed.

They signed off on a development with my layout on my road after my application had been submitted and validated. This had been correct according to their own instructions for applications before March.

Where do I complain about this? It is really arbitrary and we are being treated differently.

Seeline Fri 25-May-18 15:05:58

What is the regulation? I s a Council one or a national one? Is it a new policy? Thais will depend on how it is applied.

Cailleach1 Fri 25-May-18 15:38:39

They have it on their website it is a new requirement and will be applied to applications submitted from March 1st. It is to do with the layout of a map. What it does and doesn't include. In my submission, there is no ambiguity in the plans or the type of development it will be. The guide notes have changed from when I submitted my application.

Council say it was a requirement for a while. However, they happily signed of on the same development with the same layout on my own road after my application had been submitted and validated. Most of the other applications for the same development which have been approved up to March have the old layout. I am watching to see if more are signed off with the old layout.

Cailleach1 Fri 25-May-18 15:40:16

It is in a national list of requirements.

Cailleach1 Fri 25-May-18 15:49:01

If it was a national requirement, does it only come into force in the Local Authority when they adopt it? What about all the decisions which were made after it was a national requirement and before the Council adopted/applied it?

I can understand for new applications. But my application was submitted with the correct layout on the date as required by the Council. It has already been validated and put out for comment. They even state on the website it is a new requirement and will apply to submissions after mine was submitted.

Seeline Fri 25-May-18 15:49:05

https://www.planningportal.co.uk/info/200232/planning_applications/59/how_to_apply/6. The national requirements are here. Is it a house holder application? Usually just need a location plan with the application site outlined in red and any other land you own outlined in blue. Sometimes a block plan will be required. You say that your application has been validated so the application must have met the minimum requirements. Anything that they are asking for now must be to clarify the proposal.

Seeline Fri 25-May-18 15:51:17

If its a national requirement the Council don't adopt it - it just applies. I am not aware of any recent changes. What type of application is it? I assume you are in England?

Cailleach1 Fri 25-May-18 16:11:39

It is an application for a crossover. When I submitted the site location map, it just said to mark my property in red. I do not own the footpath. They even have a diagram still there with the old requirement for validation. My plans show what the proposal is for. all drawn out. Application already been validated. It is stated what the development is for. site notice and consultations done. Neighbour last month granted with same layout I sent. All others which have been recently granted on the road are with my layout.

Now they say I have to send in another location map including all the public footpath in front of my house (not just the crossover area) stating it is the application site and it has to start again. Why would their website state it is a new requirement which would only apply to submissions received after March it they are also applying it to those received earlier?

If applications were validated and decided after they say it was in force, does this make those applications defective? Because they didn't include something which was not asked for by the Council.

Cailleach1 Fri 25-May-18 16:17:19

Changes after validation of an application
Can additional information be requested by the local planning authority after an application has been validated?
Information can be requested after the application has been validated, although normal time periods for determining the application continue to apply unless a longer period is agreed in writing between the applicant and local planning authority to extend the determination period.

Any request for further information under section 62(3) of the Town and Country Planning Act 1990 must meet the tests in section 62(4A) and must not affect the validity of an application, where it has been validated and registered.

Paragraph: 060 Reference ID: 14-060-20140306

Revision date: 06 03 2014

As my application has already been validated, would this apply?

Seeline Fri 25-May-18 22:04:37

The footway is the application site and should be edged red. This has always been the case. There has been no change in national requirements. I started planning 30 years ago and that was the requirement then. Your application should not have been validated. You will need to supply what the Council has asked for. Sorry ☹️

Cailleach1 Fri 25-May-18 22:24:46

Yet it was validated. Are decided applications invalidated because they didn't have this documentation?

Seeline Sat 26-May-18 07:59:04

Goodness knows what the legal implications are.

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