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So frustrated with our council planning authority

51 replies

Cobblersandhogwash · 23/01/2019 11:08

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?

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justasking111 · 24/01/2019 11:19

You could approach another developer. Put the land on rightmove, see if that sticks a bomb under them.

AlisonWunderland · 24/01/2019 11:20

Bucks Planning are an absolute shambles.
I'm still waiting for a reply to a query that simply needs them to look up my property address on their database.
Have you employed an independent Planning Consultant?

Cobblersandhogwash · 24/01/2019 11:21

Nope. The developer is in a hurry. He's getting really cheesed off. We are having a meeting later this week.

I will bring all the options you've suggested to the table.

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justasking111 · 24/01/2019 11:32

You could contact these people for advice... www.lgo.org.uk/make-a-complaint/fact-sheets/planning-and-building-control/how-your-application-for-planning-permission-is-dealt-with

It could be what happened in our area. The local development plan which took years to sort out and they kept moving the goal posts. It was infuriating for developers.

Poppyfr33 · 24/01/2019 11:32

Put an official complaint in to the council, might get things moving

Ariela · 24/01/2019 11:33

You must appeal immediately. You are allowed to as soon as the obligatory 13 weeks has passed.

Jaxhog · 24/01/2019 11:35

2 years seems ridiculous. Planning authorities are required to make decisions within a reasonable time.

I do wonder whether your developer is being completely candid with you though. Could they be the cause of the delay? Otherwise, I am surprised they haven't made an appeal.

If you're sure your developer isn't causing the delay, then give your local District Counciller a call. They can often shift this sort of logjam. Or at least tell you what the problem really is.

Frostymorning7 · 24/01/2019 11:37

A lot of LPA (local planning authoritys) are under a lot of strain at present from major developers, and these seem to be taking priority. But needless to say they shouldn’t ignore your application, and not determine the application.

Firstly, check all the information that has been requested by the PO and when this correspondence was return. Make a log of dates, etc. Look on the planning portal at the dates this information was processed.

The LPA consults many other division during the planning application phase, but again these have a statorty period to respond. Is the LPA waiting for highways, united utilities, environmental health? Are their responses loaded on to the planning portal?

Once you have determined that all the information has been sent, and received. Contact the LPA, state that the application was submitted on x date, and extensions of time where agreed on x date until x date. The date of which the extension of the time was agreed, has passed, and unless a new time frame of them dealing with the application is agreed, which is reasonable, you will be lodging an appeal under the grounds of non determination.

Maybe speak to the Planning comittee, it may be too late. But if you feel like the application has no major grounds for refusal, and that the PC will be happy with your proposal, ask them to “call this in”

Seeline · 24/01/2019 11:38

I would only recommend an appeal as long as you (the planning agent) are sure that there are no major issues with the application. The last thing you need is a categoric refusal at appeal, which effectively blocks future applications on the site.

Cobblersandhogwash · 24/01/2019 11:43

@Seeline there are no major issues at all that have been communicated to us. Nothing.

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BubblesBuddy · 24/01/2019 13:52

Only 2 years??? Believe me, that’s not unheard of! I’m in Bucks and someone near us is way in excess of 2 years! It’s not Aylesbury Vale is it - one of the worst planning authorities in the country!? There’s no such thing as Bucks planning - it’s all District Council Planning Authorities in Bucks until it becomes unitary.

Yes, they keep finding something to delay determination. Threaten them with appeal due to non determination. They don’t determine because they are stalling. Waiting for a good/better reason to agree or not agree it. If the land is in the local plan and can be built on, then they have no reason to keep delaying. If there are highway issues, drainage issues, size of dwelling issues and an unclear planning policy, then they need to work with your “agent” to sort out the final problems. If they are not doing this and refusing to engage, speak to your councillor, threaten to take it further and follow it up.

AlisonWunderland · 24/01/2019 14:26

South Bucks and Chiltern Planning have just undergone some sort of merger which has slowed everything down while they get things sorted out.
Apologies that I referred to them by the shorthand of Bucks Planning.

Cobblersandhogwash · 24/01/2019 14:38

Yep, it's Aylesbury Vale.

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Cobblersandhogwash · 24/01/2019 14:41

@bubblesbuddy

"If the land is in the local plan and can be built on, then they have no reason to keep delaying."

But even if there were a problem like the one you mention, why don't they just refuse it??? It's the limbo I can't stand. It's driving me mad.

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Cobblersandhogwash · 24/01/2019 14:52

I just don't get it.

Why are they trying to avoid making decisions?

What is the point?

It just builds up a backlog, reveals how utterly unprofessional they are and stalls development.

It angers me because if I behaved like that in my work, I'd lose clients left, right and centre. And my reputation.

There is a huge development planned all around us called Hampden Fields. It's for 3,000 homes. Now, that I can understand takes a while to process. It's been approved by the government - the developers went to appeal.

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justasking111 · 24/01/2019 15:04

Have their been any neighbours objections?

Frostymorning7 · 24/01/2019 15:15

I know know of a planning application which has been with the LPA for 2.5 years. It’s only for 3 dwellings, extensions of time have been granted over and over again.

There is approx 5000 homes being built in the surrounding area. The LPA have just kept delaying the process, blaming others. As this is a resubmission of a larger (5 dwellings scheme) this is the free go. The LPA have said the Client can withdraw but will inncur further charges if they reapply, so they are just riding it out as they aren’t in a rush.

However it transpired (after lots of pushing) that there are a number of things delaying the application. One is the development across the road, which was passed with a number of conditions at appeal, can only go ahead if the road layout is altered. This would mean their is no (sufficient) access to this site. Secondly there is a new major road being built in the area, this land may be part of a compulsory purchase order (by the County Council), which the Client was unaware of.

BubblesBuddy · 24/01/2019 19:37

They don’t refuse because it may well be you could go to appeal and win!! They are hedging their bets by hanging on. I would have put money on it being AV!

Keep negotiating and don’t let them off the hook. I have two neighbours who have had huge problems with AV. One was just about finishes! 18 plus months to agree finishes! The other is redevelopment of barns. Is your land in a local plan or not? The AV one isn’t agreed yet (the Inspector has asked for amendments) but some villages and towns have theirs in place. If there isn’t one for your village/town go for non determination. However if you can agree outline pp then it’s better to have the planning dept on board. Ask your partners and planning advider what they advise should be the next step. AV are a disgrace and everyone knows it.

Cobblersandhogwash · 24/01/2019 20:17

@justasking111 we don't have any neighbours per se. Well not yet anyway. The 3,000 home development will give us lots of neighbours!

Our nearest neighbours are a field away on another new build site. There are two new build sites one field up and one opposite us.

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Cobblersandhogwash · 24/01/2019 20:18

@BubblesBuddy AV are a disgrace and everyone knows it?

How the hell do they get away with it???

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Cobblersandhogwash · 24/01/2019 20:19

And we are outside the Village Plan. But the big Hampden Fields development comes between us and the village.

I just feel like giving up now. Defeated. Tired of limbo.

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BubblesBuddy · 24/01/2019 21:05

Are you the application with 81 documents? Near WT?

Cobblersandhogwash · 24/01/2019 22:19

Yep

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BubblesBuddy · 24/01/2019 23:19

When I’ve got a few hours I’ll have a look. It’s astonishing!

Cobblersandhogwash · 25/01/2019 12:41

@BubblesBuddy, have PM'd you.

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