| Topic: | Re:Re:Re:The Packhorse and Talbot is to be demolished! - ADVICE | |
| Posted by: | Adam Beamish | |
| Date/Time: | 07/08/14 20:55:00 |
| Adam, To be fair we're both wrong, it isn't 6 weeks as I erroneously said earlier, nor is ot 8 weeks as you suggest, the determination period is 4 weeks, as set out in the extract from the legislation below : the development shall not be begun before the occurrence of one of the following— (aa)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required; (bb)where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or (cc)the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination; Indeed now I'm back in the UK reviewing the case I recently dealt with the Council failed to determine the application within 28 days, which led to me reminding the Council that my client was now able to proceed with demolition as long as it was carried out in accordance with the details submitted, which the Council confirmed (although it did still issue prior approval afew days later). So effectively the building has to either be listed or be within a conservation area within 28 days from the date of submission to prevent its demolition (assuming the details submitted regarding the nature of the proposed demolition and any remedial work are satisfactory - which I imagine if whoever has submitted the application has done their homework they will be). |