Planning Guarantee and Refund of Planning Application Fee - Public forum - Planning Advisory Service (PAS)

Hi Nick

My understanding is that the Planning Guarantee was aimed at getting speedy decisions 6 months for the LPA to determine and 6 months for any subsequent Appeal hence 12 months. I would take the view that if you have issued the decision before the applicant has asked for a refund then you have fulfilled your obligation as they have had the service. Clearly if they seek a refund before a decision is made then you would be obliged to refund under the Planning Guarantee.

The one that I encountered saw the agent dragging their feet with amendments and then submitting a request for a refund the day after the six months had expired so they clearly had an agenda. I am aware that Westminister now issue a validation letter which makes it expressly clear that unless an apllicant tells them prior to the decision then they will treat it as an agreement to an EoT and I know other London Borough's are looking at this approach as well.    

Hi Nick,

My understanding is that there is no time limit for requesting a refund, but there only has to have been 'an extension of time' not necessarily one that covers the period actually taken to make the decision.

Best wishes

Mike

Yes, we've had the same thing. I believe the situation (at least in our experience) is that a recently retired senior planning officer is behind this. Obviously knowing the legislation, he's been submitting FOI requests to LPAs to find out which applications have gone beyond the 26 weeks, and then striking an agreement with with the applicants to reclaim money on their behalf, in the same vein as the PPI reclamation companies.

Of course, much in the way of PPI reclaims, the applicants could reclaim 100% of the fee themselves, if only they were aware of the legislation.