Retrospective application - extractor

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    Retrospective application - extractor

    Hi all

    Not really a landlord query but I am hoping this is where all the planning experts hang out

    To cut a very long story short, in 2012 my house neighbour, a commercial property, installed an extractor fan and vent very close to the property boundary. After many months liaising with the neighbour and with council environmental health, finally last October, the council planning officer came round and assessed that it should have had planning permission.

    The extractor continues to run meanwhile, and. I am told by the council that the owner is in the process of getting quotes, assessments etc. necessary to submit a planning application, so this is about 3 months on since the planning officer visit.

    My question is, how long can reasonably be allowed for this - there must be a point at which they can't delay much longer and either submit an application or remove it, given that it has been assessed as not having the required permission to operate? I would imagine that it will be unlikely to get planning permission in its present position/configuration and am wondering if we are just being strung along.

    #2
    No doubt the owner of the extractor is hoping you will go away. Once an application is in it has to be dealt with within 8 weeks.

    Keep emailing the planning officer in question on the matter and copy your email to environmental health. If you get no reply then send the 'when can I expect the courtesy of a reply to my email' communication and copy it or mail to the leader of the council (find out who that is) and your local councillor and MP.

    That one usually gets action. Also see about going to your councillor's surgery - usually monthly at the local library or similar and complain. Sitting silently will get you nowhere.

    I hope nothing nasty gets stuck in this extractor



    Freedom at the point of zero............

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      #3
      Thanks for your input. I am nagging them every month at the moment. They do reply but it's just these "holding" emails. I just wondered whether now 4 months has elapsed since it was deemed necessary for planning to be applied for, that this is now long enough to allow before ramping things up to MP etc. I have no idea how long it takes to draw up planning applications for such a thing. I do sometimes wish the bad weather would blow the thing off the wall!

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        #4
        Write to ward councillor for the property, or attend the "surgery" as suggested above.
        Local authority's website will tell who the councillor is, and probably the email address.

        Once councillor gets on the planning department, you may get a sudden response.

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          #5
          If it a nuisance which you can take action to mitigate yourself.

          Perhaps set a deadline in writing and then take reasonable action when you said you would.

          ML
          Refer Mad Regulators to Arkell vs Pressdram.

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