Planning & Environment

We’ve had a couple of reports from consultants that the planning authorities are having difficulties dealing with the complex provisions on timescales for determination of applications introduced by the new system.

One consultant, who has a fairly complex application which is nonetheless delegated, has reported that the planning officer appointed to determine it is insisting that he only has two months to do so, and that subsequently the application must be refused. There is no such requirement. If an applicant wishes, he or she may make an application for review after two months (or four months for an EIA development). Unless the applicant does so, the planning officer still has the duty to determine the application within a reasonable period.

We’ve also heard from another consultant who had made an application for review to an LRB on the basis of a deemed refusal by the appointed officer. In circumstances of a deemed refusal, the LRB only has two months to conduct the review, and at the end of two months the application is automatically refused. However, the authority in this case is insisting that, having once met to discuss the application, the LRB has “conducted” the review and so still has power to determine it after two months.

Planning & Environment