richardg

does anyone know for sure (link to appropriate back-up would be appreciated) whether in the following situation the original planning consent becomes null and void until the outcome of the appeal (at which point it the appeal is either allowed and the condition revised or refused and the condition upheld);

1. planning consent issued with what the applicant believes to be 'onerous conditions'
2. appeal submitted against said 'onerous' conditions
3. works on site commence whilst appeal runs its course

the LPA are claiming that the original consent is null and void as there is an appeal running. the appeal is against conditions and not the consent overall; whilst the completed development will not be useable/saleable until the conditions are all cleared, i expect there is still a consent in place albeit that there is a question mark over the above conditions

anyone?

NWMark

no link to back this up.

but planning consent is granted subject to any attached conditions, and if these conditions are not met then the consent is void.

so if you appeal against the conditions, the appeal would apply to the entire application and not just the condition in question.

Mark

NWMark

Just looked at some of our Councils decisions notices and the title of the conditions page is

"Conditions to be complied with before development/use commences"

so if you are appealing against one of the conditions, i assume you are not carriying out the development in line with this condition hence you shouldnt start until the matter is resolved

Mark

richardg

thanks mark. it's a little more detailed than i had explained but what you're saying does tie up with what was originally assumed

shame the lpa won't deal with the proposed detail for the discharge of the conditions in this case. sure it'll get sorted pretty soon anyway

LG John

As you may know I am a planning officer so am qualified to speak.

As I understand it planning permission has been granted subject to conditions. The applicant is not happy about one/some of those conditions and has appealed against them. Meanwhile they are continuing work on site.

Right: The applicant has done nothing wrong. By lodging an appeal they do not temporarly suspend their planning permission or render it null and void. The planning permission remains extant and can be implimented.

As long as they build in accordance with their plans AND thier conditions then there is nothing you, I or anyone can do about it. However, if they do not build in accordance with their plans or are in breach of a condition(s) - even if its one they are appealing against - then they are acting in an unauthorised manner. If this is the case raise it with the Council Planning Enforcement team and make the appeal reporter aware in writing as well.

LG John

Good point, forgot about those. Yes, some conditions state the development shall not commence until....

That being the case they should not start. Although, that said, often we (planning authority) are 'flexible' on this matter as we are understanding (believe it or not) of the needs of developers to get their contracted men doing something!

richardg

thanks saxo boy. was hoping for a response from you as i remembered you were a planning officer.

not all the conditions stated before development commences.... and the main problem is that the applicant has tried to sort out some of the detail but the lpa are not responding. now threatening a stop notice and claiming that the original consent is invalid. i don't know too much about judicial review so couldn't comment on that side of things, but the invalidity of the original consent due to the submission of an appeal was a new to me!

like you;ve said, everyone is a lot happier if you try and work together rather than 'developers' riding rough-shot all over the lpa. that doesn't help anyone but i am fully aware that it goes on all the time (not from here though! [why is there no smiley with a halo?])

LG John

New to me as well - I'd challenge that in an instant. Just because an application is the subject of an appeal it doesn't become invalid. The only way to make an application invalid that I know of it to prove that it was never valid in the first place or to repeal it. Even then for a lpa to repeal an application is hassle.

richardg

...and i thought that repeal (i am assuming for the moment this is the outcome of the judicial review process) was most likely to happen within the first 3 months of a consent being issued, if at all.

you can see why i posted now can't you!!!?? it's still not crystal clear yet though and the lawyers have started circling!