Planning by Default

Planning by Default

Postby rayo » Tue Nov 21, 2006 7:04 pm

Does anyone know if there is a set procedure for obtaining planning by default please. Have a case where the council didn't post out the FI for two days after the decision was due (thats from their own registered post directory).
What steps does one take now?
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Re: Planning by Default

Postby alonso » Tue Nov 21, 2006 10:30 pm

kinda confused... are you an objector and did the council make a decision before they sent you a copy of the AI? what's the current status?

if it's what i think, the decision is invalid and should be appealed on those grounds. It should be quashed and it'll be back to the drawing board
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Re: Planning by Default

Postby wearnicehats » Wed Nov 22, 2006 2:54 am

alonso wrote:kinda confused... are you an objector and did the council make a decision before they sent you a copy of the AI? what's the current status?

if it's what i think, the decision is invalid and should be appealed on those grounds. It should be quashed and it'll be back to the drawing board


I think he's saying that the council sent out a request for further info but it wasn't sent until 2 days after the decision was due. what council was it?

DCC describe their timeframe for a decision as "Generally 8 weeks from the date of lodgement of an application", whereas Galway specifically state that it should be requested within 8 weeks of receipt. But - and please someone correct me if I'm wrong - from memory there's nothing in the statutes about it. You might do more harm than good by rattling the planner's cage. If it were me I would let sleeping dogs lie, put in the FI, and wait the 4 weeks for a decision.
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Re: Planning by Default

Postby alonso » Wed Nov 22, 2006 12:51 pm

Article 31 of the regs states that they have 3 days to notify the aplicant of a decision they have made, However I don't think AI is regarded as a decision. So the law is that a decision has to be made within 8 weeks and they must post that within 3 days. Generally decisions are sent on the day and arrive the next day.

Also the Local Authority can specify how long they have to make a decision after AI is lodged, up to 4 weeks. I can't find anything in the Act relating to a grant by default. I'd say it would involve the courts in any case.

Anyway my advice is to let it go and if you feel aggrieved by the decision, then goto a planning consultant or a solicitor
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Re: Planning by Default

Postby rayo » Fri Nov 24, 2006 1:54 pm

alonso wrote:kinda confused... are you an objector and did the council make a decision before they sent you a copy of the AI? what's the current status?

if it's what i think, the decision is invalid and should be appealed on those grounds. It should be quashed and it'll be back to the drawing board


Hi thanks for the reply,
No I prepared and lodged the application. The Planning decision was due on the 8th of November but nothing arrived, when I contacted the Council in question the administration department didn't know anything about it until the 10th Nov, when they said FI had just been sent out. I checked with them the following Monday and they told me that their registered post log showed that it was posted out on friday the 10th 2 days late.
My suspicion is that they didn't get out to the site at all and they asked for a total redesign (the job was a small granny flat) hence the frustration of my client.
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Re: Planning by Default

Postby rayo » Fri Nov 24, 2006 2:00 pm

I am normally of that mind as well to let it run, but it isn't a county I normally deal with, it is a granny flat that the client has applied for the disabled grant and needs to get started on the work and the coco asked for a total re-design of the scheme which cannot work due to on site restrictions. Coincidence but I had another application with the same council due on the same day and the same story here, two days late with the further info request. In this case we are submitting the FI but through a cocouncellor to get the dig in.
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Re: Planning by Default

Postby rayo » Fri Nov 24, 2006 2:37 pm

So would I be right in saying the notification has to be with the agent or the applicant by 8weeks and three days at the latest?
If that is the case then I would have received the AI on the third or fourth day not sure which,
In my case they didn't have the decision up on the website until two days after the due date.
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Re: Planning by Default

Postby bruno77 » Fri Nov 24, 2006 8:28 pm

Similar situation,

Planning sought, FI sent in, Clarification asked for which was 'misplaced'. (Receipt in hand!!!)
Time for decision came and went with nothing from council.
Approached council who put pressure on to give another copy of Clarification in.

Now looking at matter with solicitor and by law I am entitled to planning by default.

What is your situation now and for curiousity sake what CC are you dealing with?
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Re: Planning by Default

Postby rayo » Fri Nov 24, 2006 11:58 pm

bruno77 wrote:Similar situation,

Planning sought, FI sent in, Clarification asked for which was 'misplaced'. (Receipt in hand!!!)
Time for decision came and went with nothing from council.
Approached council who put pressure on to give another copy of Clarification in.

Now looking at matter with solicitor and by law I am entitled to planning by default.

What is your situation now and for curiousity sake what CC are you dealing with?



I havent done anything as yet as I want to make doubly sure the coco is in the wrong and how to go about claiming the Planning by default, it was Longford CoCo.
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Re: Planning by Default

Postby FIN » Tue Nov 28, 2006 4:32 pm

i had/have a situation where by i submitted a house for my sister, it was refused by the co.co. because they didn't want to promote backland development in a town..... anyway, i had moved address during the planning and had informed the council. they never sent out the refusal letter or if they did they sent it to the wrong address. i still haven't got it even though i brought this up with the planner in a meeting with him. and it was due 2 months ago. now it was up on their website but what is the story if they don't inform me? what is strange is that for another application a different client they sent everything to my new address...because they were stupid can i tell my sister to go ahead?
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