A recent decision by the local government ombudsman considered the misconception among some local planning authorities that the eight-week period for determination of applications runs from the date of registration and not from the date upon which a valid application is submitted.
In this case (02/C/12343), the council’s development control charter stated that an application would be registered within three working days. However, a firm of architects claimed that, although cheques associated with applications had been cashed on the day of receipt, formal registration took up to seven weeks. The council had consistently stated that the eight-week period ran from the date of registration and only recently accepted that its interpretation of the legal requirements was wrong.
The ombudsman said that the council should amend its procedures to bring them into line with the statutory requirements, and recommended that it cover the complainant firm’s costs.
It has always been difficult to challenge a planning authority’s failure to register an application. Staffing pressures are frequently cited as the cause of delay. Although it is possible to appeal against non-determination following the expiry of the eight-week period, applicants often rely upon the local planning authority’s notification that the application is valid to determine when that eight-week period will start, in order to ensure that any appeal will be submitted after the requisite time period has expired. This decision has made it clear that delay will not be tolerated and that local authorities must make sure that applications are registered swiftly.
Gill Castorina is an associate at Paul, Hastings, Janofsky & Walker (Europe) LLP
* Editor’s note: To order a copy of this case, call the local government ombudsman office on 020 7217 4683.
A recent decision by the local government ombudsman considered the misconception among some local planning authorities that the eight-week period for determination of applications runs from the date of registration and not from the date upon which a valid application is submitted.
In this case (02/C/12343), the council’s development control charter stated that an application would be registered within three working days. However, a firm of architects claimed that, although cheques associated with applications had been cashed on the day of receipt, formal registration took up to seven weeks. The council had consistently stated that the eight-week period ran from the date of registration and only recently accepted that its interpretation of the legal requirements was wrong.
The ombudsman said that the council should amend its procedures to bring them into line with the statutory requirements, and recommended that it cover the complainant firm’s costs.
It has always been difficult to challenge a planning authority’s failure to register an application. Staffing pressures are frequently cited as the cause of delay. Although it is possible to appeal against non-determination following the expiry of the eight-week period, applicants often rely upon the local planning authority’s notification that the application is valid to determine when that eight-week period will start, in order to ensure that any appeal will be submitted after the requisite time period has expired. This decision has made it clear that delay will not be tolerated and that local authorities must make sure that applications are registered swiftly.
Gill Castorina is an associate at Paul, Hastings, Janofsky & Walker (Europe) LLP
* Editor’s note: To order a copy of this case, call the local government ombudsman office on 020 7217 4683.
