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
