Returning Invalid applications - minimum period

RE: Returning Invalid applications - minimum period

2024-08-06T09:16:25Z

Having spoken with one of our Validation Officers, they are not aware of any legally defined time frame and said that 28 days seemed to be a reasonable length of time for the required information to be provided. Very much in line with Alistair's response.

RE: Returning Invalid applications - minimum period

2024-07-29T14:07:46Z

just for clarity for all, there isnt any particular intention to just send casework back on the stroke of 28 days, I just needed to know if there was any truth in the suggestion that legally an application cannot be returned within 28 days of receipt.

RE: Returning Invalid applications - minimum period

2024-07-29T06:38:35Z

Better education on this subject, and other issues need to be more wide-sperad to get first-time users.

RE: Returning Invalid applications - minimum period

2024-07-14T17:32:25Z

Carol,

I think any 28 day period is just custom and practice. Its never been guidance or regulation that I am aware of.

You notify the applicant of the reasons for validity and give them a set time to provide the documents, then send an email "retuning" the application it if they dont. As we dont get many paper applications anymore we dont physically post applications back anymore, the "return" is just your email to inform them you have effectively closed the case in your back office planning system. (They can of course notifying you that they challange your validation decision).

Not giving the applicant an opportunity to overcome even minor invalid reasons could be seen as a little harsh and is likely to generate more work dealing with complaints than it saves.

The old 2007 guidance stated:

“To help meet Government targets local planning authorities should aim to determine whether minor/other applications are valid within 3 working days from the date of receipt and for small scale major applications within 5 working days (large scale major applications should be validated within 10 working days). A letter should be sent to the applicant confirming the validity of the application and confirming the start date of the statutory period for determination and the date from when an appeal can be made. ……….Where an application is considered invalid the local planning authority should notify the applicant as soon as possible of its reasons. It is recommended that local planning authorities set out their reasons in writing to avoid any confusion and specify the information required in order to make the application valid.”

Alastair Nicholson

Buckinghamshire Council

Returning Invalid applications - minimum period

2024-07-10T08:11:54Z

morning all

Is anyone aware of a specific timeframe set by statute that prohibits the return of invalid applications within 28 days? if so - can you point me to the relevant provision/guidance?

I've been advised in the past that there is, but im going round in circles betweek the 1990 act and the GDPO - is it one of these mythical/anecdotal provisions or a hangover from older no longer relevant legislation?

TIA

carol