Planning by Default
May 23, 2006 at 4:24 pm #708645
Does anyone know or maybe has gone thru’ something similar in relation to obtaining planning permission by default.
The Co. Co. requested FI in relation to a planning application.
This information was submitted and logged on file.
Then a further FI request was recieved asking for the FI already submitted.
Again this was submitted.
Six months passed since the initial FI request and the Co Co deemed application withdrawn as the FI was not recieved, even though it was recieved twice and is currently on the file.
I think the next step would be to go too Court to obtain planning by default but not sure.
Does anyone have any experience advice in relation to this type of scenario.
May 23, 2006 at 9:57 pm #777848Bren88Participant
Was the FI 100% lodged correctly?
May 24, 2006 at 9:58 pm #777849
yeah, everything lodged correctly, i had it checked by a councillor!
November 24, 2006 at 7:32 pm #777850bruno77Participant
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 did you go to court or obtain your planning by default?
November 28, 2006 at 2:18 pm #777851
no, Councillor advised resubmitting as cost and time involved in legal route would be too much.
So resubmitted but planner had changed in mean time. So went from origh RFI – 2 items to RFI on the new application of – 10 items!
So application is still going on, cannot seem to satisfy current planner. Was hoping LA would be more sympathetic given that we had them by the short and curlys! but no they have gone to town on this application.
I suppose if things dont go our way we could always revert to the original application and demand planning by default!
do u think u will go to court, are there any precedents/previous similar cases?
Best of luck
November 29, 2006 at 3:04 pm #777852bruno77Participant
Do you know that a CoCo is only allowed one request for FI and then they can ask for Clarification on something they have asked in the FI. They cannot ask for 2 FIs.
I dont think that you should have resubmitted as I don’t believe that you can come back on this. Once you resubmitted it was gone. You could have gone for Default Planning getting the CoCo to pay costs as they were totally wrong.
Mine is ongoing and will be settled in court one way or another.
The solicitor has quoted other cases that got DF but I personally am not an expert. Thats why I was seeking info here.
Best of Luck with your planning ap….
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