So frustrated with our council planning authority

[Cobblersandhogwash]

but I have zero recourse.

It's two years since we submitted plans to build six houses on our land.

The council pledges on its website these types of applications should take 13 weeks.

There is no actual objection to build from them. We have jumped through all the drip fed hoops they've fed back to us very slowly over the past two years.

Our planning officer has often not answered emails or responded to phone messages for weeks on end. When we send a request for information via a solictor's letter or contact her superior, she then responds, refuses to commit to a time scale and promises to prioritise our application.

I know there are cuts in the councils. But this level of unprofessionalism is astonishing.

What can I do now? We are in limbo, not knowing whether our application is successful or not. We would like to do up our house but the layout of the build means we need to know if the application has passed or not.

Should I write to my MP about this or will I serve to antagonise the planning officer?

Has it perhaps been stalled a local plan? If so does it fit with that.

There has been a local neighbour plan implemented meanwhile but there doesn't appear to be any problem there with our application. If there were a problem there, they should have told us by now.

3,000 homes are to be built all around us this year.

Have you spoken to your local councillor or a councillor on the planning committee at all?

You can appeal to the Secretary of State. They should be determined within 26 weeks unless agreed with yourselves.

Can I appeal before the planning authority has given its decision?

I don't think so. Can you ask your local councillor to chase it for you?

You can appeal against non determination. Details are on the planning portal

Right. I will look into it.

Am I being unreasonable about this?

You're not being unreasonable. That's the whole purpose of a non-determination appeal. Its not a quick process, depending on the appeal route you choose it can take a year to get it resolved, but it gives you another route.

Yes, them not making a decision is a valid reason to appeal to SoS. I would send an email to your planning officer thanking them for their time, but due to non determination you will be appealing to the SoS. Hopefully that might give them a kick up the backside...

Agree with SocksRock.

I'd also be asking for the application fee to be refunded as no decision has been made within 26 weeks (unless a longer extension has been agreed in writing).

That’s shocking, what is their reason for the delay? As pp mentioned you can appeal against non determination and claim your planning fee back. I work regularly with planning departments and usually if something takes this long there are a number of issues with what Is being proposed ... but even then they usually just refuse it. Where in the country are you?

You can appeal against non det and then what generally happens (at my local authority at least) is that when the appeal is registered and the LPA notified, that they write a retrospective report on the proposal and under delegated powers or at committee will come up with grounds to contest the appeal. Or decide not to contest the appeal, but that’s very rare IME.

I’ve only known applications stall like this where there are significant technical issues to iron out. But 2 years is longer than I’ve seen. Unless the applicant has asked for the application to be put into abeyance or agreed an extension of time.

Are you using a planning agent/architect? Have they been giving you feedback about their communications with the LPA? We tend to deal with the agent/architect rather than the applicant because they are acting on the applicants behalf.

Well we had to agree an extension of time last spring as our planning officer left and a new one arrived to take on our case.

There have been issues, like reviewing the plans to for example, make sure refuse lorries have enough room to reverse and the council's chosen tree consultant taking a while to respond.

But this is ridiculous. I am in Bucks by the way.

We are working with a small developer and his planning consultant. She is shocked by how long it's taking but can do nothing apart from telephone and email to find out what is going on. The response she gets is that the case is a priority but no time scale can be given.

If they're going to refuse it, then they should just refuse it and we can progress in other ways. So unprofessional.

Are you the actual applicants or is the developer? Only the applicant can appeal.
If the developer is the applicant, are you sure that they are being entirely honest with you about what is going on?
Two years does seem excessive for such a small scale development if there are no real problems with the application.

And if they tell us after two years of our altering the plans and responding to all their queries to hone the plans, is that fair enough?

Is that what they're allowed to do - take absolutely ages, allow people to spend money and time on their queries and then refuse it?

That is really poor. Ours took 7 months but alot of the delay was our planning consultants fault (would not recommend him). Even the council were fed up with him and wanted it off their books. I would contact your local councillor. Also can you find out which councillor heads up the local planning committee and contact them. You should at least know why it is being held up - we always knew why we were waiting.

Yes they can - they will sometimes like to rule out some issues so that when the application is refused, only the main issues will be up for discussion if the decision is appealed. However, there would normally have been enough discussion during so that you are aware of the likely outcome. Who is hte COuncil negotiating with - you, the developer or their agent?

They are dealing with the planning consultant employed by the developer. Dh has had to step in at some points with a letter from his law firm - the planning officer responded then!

I am so cross that it's gone on for so long. It's a form of madness - doing the same thing over and over to no end.

Standard practice here to wait the statutory time then appeal on grounds of non determination. It's an easy way for them to kick things into long grass if you just wait for them to act.

I would suggest then that you are not party to all the discussions/negotiations going on. These things can take time. I don't think developer/agent would still be engaging unless they were fairly sure that the outcome would be to their benefit. I assume it is the developer that is paying for all the surveys, plan amendments etc, not you?

By the way, tracking plans for refuse lorries etc are fairly standard requirements and I am surprised they were not included in the original submission. The Council asking for information that would normally be included in an application is a delay down to the applicant rather than the Council.

It's a joint venture with us and the developer. We are copied into every correspondence and Dh has attended the two meetings on the application.

We met all the criteria requested by the LPA including the refuse lorry but the new planning officer came back to us asking again.

It's so weird. Why don't they just refuse it?

@Seeline there is nothing. Blank. Barely any response or correspondence. That's the problem.

The only response we get is the planning officer saying it's a priority.

Are you saying their approach is professional and normal?

The developer/planning consultant are perhaps not in a hurry, the market has changed in two years. There really is nothing you can do. It just happens to be your land.