Larger Home Extension Scheme

TheEffects

Hi

I currently have an application in progress that has gone past the 42 days decision date.

I am told that I am allowed to build regardless of a decision from the council, as it has become permitted.

I just wanted to clarify will the council be able to knock down the build if they make a decision later? or is there decision would be of No effect



Thanks

TELLIT01

You have been told this by whom? Everything I've been reading says 'should be 8 weeks, or up to 13 weeks for an unusually large or complex decision' not 'must'. The stuff I've been reading then refers to making an appeal if not notified in the timescales. Nowhere have I read that you can just go ahead if a decision hasn't been made.
Have you contacted the council to find out why there is a delay? I would have thought starting without permission would be a high risk strategy.

Newuser1987

Yes you are allowed to proceed as they are required to make a decision within the 42 days. Did you receive any comments (good or bad) on the application? If you did I would advise that you double check with the case officer before proceeding. This is because they have the authority to review the application if a comment was made.

If no comment has been made then you are almost certainly able to proceed.

@TELLIT01 - you are thinking of planning applications. This isn't a planning application.

TheEffects

This is from the goverment webite. Am i to assume as 42 days have gone past its able to be built. Hence no longer a local authoroty matter?


10)!The development must not begin before the occurrence of one of the following—

(a)the receipt by the developer from the local planning authority of a written notice that their prior approval is not required;

(b)the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(c)the expiry of 42 days following the date on which the information referred to in sub-paragraph (2) was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.

Newuser1987

TheEffects wrote: »

This is from the goverment webite. Am i to assume as 42 days have gone past its able to be built. Hence no longer a local authoroty matter?


10)!The development must not begin before the occurrence of one of the following—

(a)the receipt by the developer from the local planning authority of a written notice that their prior approval is not required;

(b)the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(c)the expiry of 42 days following the date on which the information referred to in sub-paragraph (2) was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.

Yes paragraph (c) applies in your case. However if you have had comments on your application I would still advise checking with your case officer. Did you receive a letter confirming submission and validation of the application? This normally states the 42 day notice date.

This is quite a useful flow chart.
https://planningjungle.com/wp-content/uploads/Part-1-of-the-GPDO-Larger-Rear-Extensions-Guide-FREE-VERSION.pdf

TheEffects

Newuser1987 wrote: »

Yes paragraph (c) applies in your case. However if you have had comments on your application I would still advise checking with your case officer. Did you receive a letter confirming submission and validation of the application? This normally states the 42 day notice date.

This is quite a useful flow chart.
https://planningjungle.com/wp-content/uploads/Part-1-of-the-GPDO-Larger-Rear-Extensions-Guide-FREE-VERSION.pdf

Recieved letter with 42 day determination stated date, that has expired.

no decision in this time frame, even if there is a objection. I can still build?

Newuser1987

TheEffects wrote: »

Recieved letter with 42 day determination stated date, that has expired.

no decision in this time frame, even if there is a objection. I can still build?

You're reading the same legislation as me. I have interpreted that you can but as I have mentioned I would still advise you check with the case officer. I wouldn't worry that they may now realise and suddenly issue a refusal. They are not allowed to do this if the 42 day period has passed and if they did you could appeal it. So you might as well check.

I believe there are actually some councils who do not actually bother issuing decision notices because once 42 days have surpassed without a response the decision has been made.

But it should be noted that you really need to ensure you are complying with Part A of Permitted Development. If it is found out that you are not then what you intend to build would be unlawful.

TELLIT01

Newuser1987 wrote: »

Yes you are allowed to proceed as they are required to make a decision within the 42 days. Did you receive any comments (good or bad) on the application? If you did I would advise that you double check with the case officer before proceeding. This is because they have the authority to review the application if a comment was made.

If no comment has been made then you are almost certainly able to proceed.

@TELLIT01 - you are thinking of planning applications. This isn't a planning application.

Just clicked, this is about the increased permitted build limits. Apologies.