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How to complain about the council's planing permission team?

33 replies

VHLV · 16/08/2021 13:09

Hello, our planning application is 8 week overdue showing "pending consideration". We are wondering how to complain and we wouldn't like to go to the tribunal as it takes 6 months to receive a reply. Can we complaint to the consumer rights as our application hasn't even been considered but we were charged money for the service? Any advice is appreciated

OP posts:
welcome2021 · 16/08/2021 13:13

Have you rung the officer assigned to the application?

parietal · 16/08/2021 13:54

council funding has been stripped to the bone by the tories and lots of councils have massive backlogs.

you can call up & see if you can get an update?

or complain to your MP and tell them to fund councils properly.

LIZS · 16/08/2021 13:59

Were there several objections or is it particularly unusual or controversial ( ie. listed Conservation area etc). Is it going to Planning Committee? The assigned officer should be able to advise.

Raffleyourdoughnut · 16/08/2021 14:02

I'm a planner. Usually if an application goes beyond the 8 weeks it is because further information from the applicant is required or drawings are being revised. Do you have an agent? If so they will know why.

If not, email the case officer to find out what the problem is.

Planning departments (in Scotland at least) are highly monitored in terms of determining applications within the 8 week timescale. To go over that usually means two things the case officer is waiting on you or your agent to submit information (usually an extension is agreed with you or your agent) or it is being determined at committee.

Something is wrong with your application if it has been over 8 weeks and you or your agent don't know why.

mildlymiffed · 16/08/2021 14:03

@VHLV can I check whether it's 8 weeks since the application has been registered? Or just 8 weeks since you've submitted it? I'm sure you know this, but it's the registration date that matters.

VHLV · 16/08/2021 14:08

[quote mildlymiffed]@VHLV can I check whether it's 8 weeks since the application has been registered? Or just 8 weeks since you've submitted it? I'm sure you know this, but it's the registration date that matters.[/quote]
Sorry I wasn't clear. The application deadline by the Kingston council is was 24th June.

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VHLV · 16/08/2021 14:10

@Raffleyourdoughnut

I'm a planner. Usually if an application goes beyond the 8 weeks it is because further information from the applicant is required or drawings are being revised. Do you have an agent? If so they will know why.

If not, email the case officer to find out what the problem is.

Planning departments (in Scotland at least) are highly monitored in terms of determining applications within the 8 week timescale. To go over that usually means two things the case officer is waiting on you or your agent to submit information (usually an extension is agreed with you or your agent) or it is being determined at committee.

Something is wrong with your application if it has been over 8 weeks and you or your agent don't know why.

Sorry I wasn't clear. The application deadline by the Kingston council is was 24th June. The status of the application has always been "pending consideration". We have a simple rear extension and no comments or complaints from the neighbors. Our agent has been contacting the council persistently and never got a reply. We cannot get hold of the office over the phone as they are all "working from home" due to covid even now, august 2021 after all the restrictions are lifted..... we don't know what to do really
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VHLV · 16/08/2021 14:12

@LIZS

Were there several objections or is it particularly unusual or controversial ( ie. listed Conservation area etc). Is it going to Planning Committee? The assigned officer should be able to advise.
It's a 3,5 rear extension of a detached house (single stores). No comments or complains form the neighbours....
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Raffleyourdoughnut · 16/08/2021 14:12

VHLV was it being determined at committee or by officers? If it was to be determined by committee that could account for the delay as most councils don't have planning committee over the summer. I have about half a dozen applications going to the next committee because of this.

VHLV · 16/08/2021 14:13

@welcome2021

Have you rung the officer assigned to the application?
All officers are "working from home" and the person on the phone today advised us to submit an official complaint as the officers are unreachable
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VHLV · 16/08/2021 14:14

@Raffleyourdoughnut

VHLV was it being determined at committee or by officers? If it was to be determined by committee that could account for the delay as most councils don't have planning committee over the summer. I have about half a dozen applications going to the next committee because of this.
As far as it shows on our application it is determined by the officer. We haven't received any information about any committee
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Raffleyourdoughnut · 16/08/2021 14:15

VHLV sorry I didn't see your update.

That is shocking. The case officer cannot ghost you or your agent. I have been working from home since last March and have been fully operational.

Contact your local Councillor, they will light a fire under the planning manager.

Do you have the main planning email? If so email that address as well as the case officer.

CorrBlimeyGG · 16/08/2021 14:17

Planning officers are not unreachable, they still have email and phones. If you have their name it is easy enough to work out their email.

Lou573 · 16/08/2021 14:18

Ours was way overdue, no reason for it, it was approved without any issues in the end, I’d like to say they’re overworked but having worked on the public sector myself I suspect it might be a bit of ineptitude as well.

Lou573 · 16/08/2021 14:19

I emailed the planning office and said I was just confirming that the next step was that I should go to the tribunal as I hadn’t heard by the deadline. They seemed to get moving after that. Have you had a site visit yet?

Takingabreakagain · 16/08/2021 14:19

As pp have said planning departments are so stretched - the number of applications has gone through the roof this past year. I think it's because everyone has been stuck at home and wants to extend.
If you can't get a decision from them in a reasonable time then you can appeal to the planning inspectorate. You'd need to submit a non-determination appeal but do be aware this can take ages as PINS are stretched too.

VHLV · 16/08/2021 14:27

@Raffleyourdoughnut

VHLV sorry I didn't see your update.

That is shocking. The case officer cannot ghost you or your agent. I have been working from home since last March and have been fully operational.

Contact your local Councillor, they will light a fire under the planning manager.

Do you have the main planning email? If so email that address as well as the case officer.

Thank you very much for your advice - we do feel it's a little bit shocking but have no experience hence don't know what to do. Could you please explain who the counselor is? Is it the head of the council or head of the development department? He hasn't replied to our emails either
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VHLV · 16/08/2021 14:29

@Lou573

I emailed the planning office and said I was just confirming that the next step was that I should go to the tribunal as I hadn’t heard by the deadline. They seemed to get moving after that. Have you had a site visit yet?
We've done that last week and haven't heard anything back so far ... how long did it take yours to get back to you?
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Raffleyourdoughnut · 16/08/2021 14:36

VHLV your local Councillor is one of the elected officials who run the council. Usually the councils website will have details of the elected member for your ward/local area. I would also email the council leader (head Councillor) as well as the chief executive of the council too.

My council has had cuts for over 10 years. My department has been reduced by 60%. I have over 70 active planning applications and I would never by allowed to ghost an applicant or agent.

Being busy and overworked is no excuse for not answering an email.

VHLV · 16/08/2021 14:46

@Raffleyourdoughnut

VHLV your local Councillor is one of the elected officials who run the council. Usually the councils website will have details of the elected member for your ward/local area. I would also email the council leader (head Councillor) as well as the chief executive of the council too.

My council has had cuts for over 10 years. My department has been reduced by 60%. I have over 70 active planning applications and I would never by allowed to ghost an applicant or agent.

Being busy and overworked is no excuse for not answering an email.

Thank you and god bless you. You are just nice and professional so it's hard for you to comprehend highly unprofessional people. thank you so much for your invaluable advice, we'll start right away xx
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OccultGnuAsWell · 16/08/2021 14:49

I applied earlier this year for a single storey kitchen extension. I was told it would likely be through by the end of May.

It was granted last week. Apparently Covid has contributed to the backlog.

It's taken so long I feel like my enthusiasm for the project has passed.
I'm now thinking of selling with planning permission in place.

Lou573 · 16/08/2021 15:18

If I recall correctly they requested that we agree to an extension of a month. They again didn’t meet this new deadline but managed it a week later. I got the impression that they really didn’t want me to start the appeal process, they were quite apologetic.

VHLV · 16/08/2021 18:42

@OccultGnuAsWell

I applied earlier this year for a single storey kitchen extension. I was told it would likely be through by the end of May.

It was granted last week. Apparently Covid has contributed to the backlog.

It's taken so long I feel like my enthusiasm for the project has passed.
I'm now thinking of selling with planning permission in place.

I can relate.... we are actually no longer enthusiastic and started to consider selling with or without PP...
OP posts:
VHLV · 16/08/2021 18:42

@Lou573

If I recall correctly they requested that we agree to an extension of a month. They again didn’t meet this new deadline but managed it a week later. I got the impression that they really didn’t want me to start the appeal process, they were quite apologetic.
Oh well, we have sent an email out last week but our council doesn't seem to be bothered at all
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CasperGutman · 17/08/2021 06:44

We had a similar issue. Our application vanished into a void, "pending consideration" until the deadline approached, then we had an email to inform us that the council wouldn't be able to issue a decision within the statutory time frame and asking if we could possibly allow them longer to look at it.

Well, the alternative was for the application to be "treated as having been refused" and appeal, in our case to the devolved government which presumably has its own waiting list and might well have its own backlog, we allowed them this extension. I tried phoning to discuss it but "all officers working from home and can't be reached." Then they asked for another extension.

At this point we were ready to complain, but I thought I'd try a gentle approach first. I emailed the officer allocated to our case along the following lines:

"We are keen to make progress with construction of our extension, and have builders ready to start immediately. Consequently, we have been disappointed by the two letters we have now received requesting more time to consider the proposal, which means we are now hoping for a decision by as compared to the original statutory expiry date of .

We quite understand that the usual working processes of the planning department have likely been seriously disrupted by the ongoing pandemic and lockdown. Given that builders generally report high demand, I imagine that high numbers of applications may also be a factor influencing timescales for processing applications.

With all this in mind, please do not consider this email to be a complaint, but merely a polite enquiry: are you able to offer any indication as to whether the latest requested extension to provides a reasonable guide to when a decision can be expected, please?"

I received a reply to my email two days later, which said "I have just issued my report recommending approval of your application, and you should hear officially within 2-3 days". Result!

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