right of appeal on extension of duration?

right of appeal on extension of duration?

Postby Madigan » Tue Mar 13, 2012 4:21 pm

Is it the case that there is no mechanism for appeal on an extension of duration of planning permission, either for first or third parties? I can't see anything in the regs on it and I contacted ABP who said they do not deal with such appeals.

Seems odd?
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Re: right of appeal on extension of duration?

Postby wearnicehats » Wed Mar 14, 2012 2:02 pm

it's an anomaly alright - classic example of red tape. As I understand it there is no allowance for such an appeal in the Act so, as a result, there is no associated jurisdiction for ABP to hear an appeal

Therefore, you can appeal it but ABP will just refer it back to the LA.

It can either be that this was an "oversight" in the 2010 amendment or, more likely, that the decision was taken that an application that either was or was not appealed previously has been deemed duly dealt with by the system at that time. If it was the latter, however, it really should have been covered in the 2010 amendment
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