Planning application not decided for 4 years

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    Planning application not decided for 4 years

    I have a planning application which has been sitting undecided for 4+ years which I believed has been approved.

    I've done some of the development as I was lead to believe planning was authorised as additional information was requested at the time and supplied.
    I had nothing to request extra time or anything to say it was refused or nothing to say more information was required.
    Although I done part of the development I didnt complete the whole development due to financial reasons.

    The council has now written to me after 4 years saying the application needs to be decided. The application is looked favourable however I must agree to give them extra time to decide application and i must confirm that non of the development has commenced( which it partly has albeit not completed).

    The other options is to withdraw the application or do nothing and they will just refuse it.

    I feel it's really unfair as I supplied all the information they requested at the time, the only reason for the delay is staff shortage.
    if I dont divulge the part development and just allow them to continue I'm sure if they want a site visit they will establish this and so will refuse the application anyway.

    what would be best course of action and what are my rights. Any advise much appreciated.






    #2
    When the application had not been decided within the 8 week period allowed for after an application has been verified by the local planning authority, the applicant can appeal to the Planning Inspectorate to have the matter decided on appeal against non determination of the application.
    That is an option available to you now.

    However if the application is deemed favourably to receive planning permission, then you can write to the LPA to confirm that you are prepared to accept a further extension of time, although you should also confirm that partial development has been completed, so that part of the application is for retrospective planning permission, which is often the case when work has already been started.
    That should not necessarily result in a refusal since the application still has to be decided on its merits

    If there is a refusal, then your only option is to appeal the refusal.

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      #3
      So after much stress I took the courage and spoke to the local planning. Surprisingly very helpful, gave me great advise and worked with me to produce a positive outcome. The matter is closed and retrospective planning granted.

      Comment

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