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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

Stopping an application after validation

Ann Howells, modified 1 Year ago.

Stopping an application after validation

New Member Posts: 5 Join Date: 21/01/12 Recent Posts

Hi

We validated an application back in August 2022. Certificate A had been signed and submitted as the applicant was the same as the land owner - taken at face value! Yesterday we received a copy of Cert B from the agent. Cert B has now been served on the applicant son, who is in fact the land owner. Yes it should make the application invalid and then have to start again but as it wasnt done intentionally, nothing malicious about it, no decpetion etc, we could take the pragmatic approach, get an EoT to cover the 21 day period and if we dont receive any comments, then we could just continue with the recommendation and decision. How do others deal with this situation? If it was done deliberatley or they wont sign the EoT then I would start it again but in this instance pragmatic or not?

richard white, modified 1 Year ago.

RE: Stopping an application after validation

Advocate Posts: 212 Join Date: 26/11/18 Recent Posts

Not an answer, but a possible conversation to have with the applicant. If you're of a mind to take a risk managed approach ('where's the harm') remember that the risk belongs to the applicant if an aggrived third party seeks to challenge a subsequent grant of planning permission as unlawful. So you might ask the applicant what their appetite for this risk is.

Rachael Vamplew, modified 1 Year ago.

RE: Stopping an application after validation

New Member Posts: 3 Join Date: 12/08/13 Recent Posts

We've always worked on the basis that we restart the clock, with the valid day changed to reflect the correct notice being served. Would generally assure the agent/applicant that it would continue as per existing processing, so any delay should be minimal. We have internal KPIs in relation to EOTs, so try to only use these when absolutely necessary. 

However, as per Richard White's comment - you may just wish to assess the risk, and if unlikely to result in challenge then maybe a low risk to continue as per with just an EOT.