Return of Fee - Public forum - Planning Advisory Service (PAS)
Return of Fee
Gary Collins, Addaswyd 7 Years yn ôl.
Return of Fee
New Member Postiadau: 7 Dyddiad Ymuno: 12/08/2013 Bostiadau diweddarExtensions of time are the best thing to happen to PS returns in years, stopping the stupid 'withdrawn apps in week 7' /free go merry go round. CLG might stop taking them into account if Councils are gaming them, so I'm not sure if it's a good idea to start discussing 'strategies'!
How many fees have you returned so far? If it's 'none' you're in good company. How many applicants won't extend the time when you ask? Not many, I bet. In my experience 99% of applicants and agents think fees are a reasonable cost and are pretty understanding about helping Councils hit their arbitrary targets provided you don't mess them about. But if you/your managers are stressed, I dread to think what it's like for your officers. By all means stress about big majors where a refund would sting, but play the percentages. In the very unlikely event a householder asks for a fee back, it's not going to break the bank.
Thinking about the S106 idea, for me the acid test on whether an extension stacks up legally is whether you think you could use it to convince PINS that a non-determination appeal couldn't be made. I don't think you would be able to resist a non-determination appeal on the back of an agreement to extend the period to some vague date contingent on an event that might never happen. But if you could, why not just extend them all to "the date the planning permission is issued" and be done with it?
The main thing is to get the decision out as soon as possible. Having said that, where you're working with the applicant and despite your best efforts it goes over 8 weeks it's obviously important to use extensions to keep the CLG numberwangers happy regardless of the refund risk. And it is tough to remember to extend time periods before they expire when you're carrying a big caseload. But ultimately it should be a collaborative thing with applicants. They don't want to go back to the days of eleventh hour 'withdraw or refuse' conversations.
Then again, maybe I'm wrong and planning fees will be the next PPI.. :-)