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Open group | Started - July 2012 | Last activity - This week

Admin charge for invalid applications

rachel almond, modified 8 Years ago.

Admin charge for invalid applications

New Member Posts: 5 Join Date: 14/12/15 Recent Posts
I'm interested to hear from any local planning authorities who charge (or are considering charging) for the administration of invalid applications. What processes did you go through to set this up? Legal advice? Challenges? I'm looking at it in line with an Accredited Agents scheme to reduce the number of invalid applications we receive. Many thanks.
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John Theobald, modified 8 Years ago.

RE: Admin charge for invalid applications

Enthusiast Posts: 61 Join Date: 19/10/11 Recent Posts

Hiya,

I notice Aylesbury Vale make a charge for invalids - check out the note on their application forms web page at the bottom. Regards, John

Andrew Whitaker, modified 8 Years ago.

RE: Admin charge for invalid applications

New Member Posts: 3 Join Date: 19/10/11 Recent Posts

The AVDC process and charge referred to clearly doesn't conform with the DMPO 2015 with regard to how to handle invalid planning applications. In such cases, LPAs must inform the applicant of the reasons why they believe the application is invalid and discuss with them why the additional information is necessary. Article 12 of the DMPO allows the applicant to contest the requirement for the information. Ultimately the applicant can appeal the LPA decision not to validate the application. 

This is far removed from the suggestion on the AVDC website that "If the information required to make the application valid is not received within 28 days of a written request, or the application otherwise collected, we will dispose of the application."

I am unable to find any statutory backing to charge a fee for the withdrawal of invalid applications.

Ed Murphy, modified 8 Years ago.

RE: Admin charge for invalid applications

New Member Posts: 16 Join Date: 12/08/13 Recent Posts

Another way of looking at this would be: an 'invalid application' is not actually an application at all (because it's incomplete/invalid) and if it's never made valid it remains nor more than a bundle of documents which falls outwith the Fees Regs, so the LPA can charge whatever handling fee it likes (so long as it doesn't make a profit) for processing and/or returning the submission. Whilst in its infinite wisdom the govt fiddled again with the DMPO and introduced the validation dispute process, you cannot expect an LPA to hold on to an invalid 'application' ad infinitum before returning it.  It cannot be disputed that there is a cost associated with processing the submission, a cost that would have been covered if the application was valid and accompanied by the requsite fee.  I can't recall where, but somewhere in law there is provision for an LA to make a charge for discretionary services as opposed to statutory services (which is why an LPA can charge a fee for pre-app advice).

On your final point, I don't beleive you can 'withdraw' an invalid application, only a valid done.

Andrew Whitaker, modified 8 Years ago.

RE: Admin charge for invalid applications

New Member Posts: 3 Join Date: 19/10/11 Recent Posts

Ed, your points are all well made in that they seem logical but when has planning legislation ever been logical? The legislation that allows the LA to charge for discretionary services is S93 of the Local Government Act 2003.

However, the "fiddling about" with the DMPO actually creates a status of "invalid application". This might seem mad I know, but it does so solely to allow for a valid appeal against a request for what the applicant sees as unnecessary information (otherwise you would be appealing against an invalid application which, as you point out, might be considered as nothing more than a bundle of documents). The submission of an application occurs when the application is submitted (not when it is validated). If the LPA decides that the application is invalid then it has to explain that to the applicant and advise them how to make it valid. If the applicant does not agree that the application is invalid they can serve an Article 12 notice on the LPA and the LPA must declare the application either valid (without the additional information) or declare the application as an "invalid application". The applicant then has the right to appeal the invalid application after the statutory processing period (8, 13 or 16 weeks) after the submission date of the invalid application.

The submission of an invalid application is still the submission of an application and must be processed as an application. One doesn't know if it is a valid or an invalid application on the date of its submission. Therefore, the first step in processing an application for a LPA is, therefore, merely to acknowledge receipt of the application, the second step is validation of the application to declare it as a valid application or an invalid application. The processing of planning applications is a statutory requirement of a LPA (other than some exceptions) and since the consideration of whether an application is valid or invalid is part of that processing, it too must be a statutory function of the LPA in determining an application. I suggest it is not, therefore, a discretionary service and S93 cannot apply.

I agree that my use of the term "withdraw" is confusing but I took this reference from the Planning practice guidance on this issue (Delays in the validation of an application) which sets out the validation process in a diagram. This states that if the applicant does not agree with the LPA that additional information is necessary to validate the application their choice is to "appeal to the Planning Inspectorate against non-determination" or "applicant withdraws application or resubmits application with the information requested"

I agree that this could result in the LPA having applications that remain invalid and are not withdrawn by the applicant. The right to appeal for non-determination will be lost after 6 months of the application being formally delared an invalid application under Article 12. In order to avoid a build up of paper I guess most LPAs therefore return the invalid applications to the applicant after this 6 month period (certainly not the 28 days stated on the AVDC website).

I also agree that to get to that stage the LPA has had to undertake some work that will have a cost associated with it for which they will not get paid. But I do not think that this situation is covered in the fee regs and, for the reasons above, do not think that S93 applies. There can, therefore, be no fee payable for making an invalid application.       

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Richard Crawley, modified 8 Years ago.

RE: Admin charge for invalid applications

Expert Posts: 256 Join Date: 07/12/11 Recent Posts

By chance this topic came up in a private email chain recently, and what I took from it was:

- this doesn't happen very often generally

- most people want to work to fix the situation (one way or another)

- a tiny minority don't act rationally (or at all)

So, don't bother with a policy. Do what you can. In situations where someone goes off-radar, and you keep £x for the trouble, they don't trouble you for it because their life has moved on. Unless it hasn't, in which case you give them £x back. 

Don't try to make it a "rule" because as Andrew says you are on slightly unsure ground.