CERTIFICATE OF LAWFUL DEVELOPMENT - Public forum - Planning Advisory Service (PAS)
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Wedi dechrau - Gorffenaf 2012
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Gweithgaredd diwethaf - Heddiw
CERTIFICATE OF LAWFUL DEVELOPMENT
Andrew Turvill, Addaswyd 12 Years yn ôl.
CERTIFICATE OF LAWFUL DEVELOPMENT
New Member Postiadau: 4 Dyddiad Ymuno: 11/08/2013 Bostiadau diweddar
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I have just received notice of a refusal for a CLD for a domestic extension for a client. The proposal meets all the relevant requirements of the GPDO but the LPA have very clearly misread the plans, the officer having become confused between two of the elevations and determining the application as if the works applied to the other. It is clear from the description and reasoning in his report that it is a gross error. Whilst this is unfortunate (and we all make mistakes) I would like to understand the best approach here. I have no problem reapplying (apart from the delay),once having clarified matters but would it not be better to ask the LPA to correct the error and re-issue ? I am not sure if this is possible, but would prefer not to have to reapply or indeed appeal unneccesarily, if a simpler remedy is available. Regards Andrew
Andrew Reapply pointing out the gross error in a covering letter. The LPA should be able to turn this around straightaway - assuming the case officer is not now on summer hols. I would also suggest you visit the offices, speak with the officer concerned and deliver the application by hand.
Andrew. I agree with Martin. Provided the LPA is fully aware of the reason for the resubmission they should be able to turn around the new application in a couple of days. There is no necessity to consult or advertise applications for LDCs (and no further fee to pay) so a quick decision should be easy. Mike
Andrew Turvill, Addaswyd 12 Years yn ôl.
Re: CERTIFICATE OF LAWFUL DEVELOPMENT
New Member Postiadau: 4 Dyddiad Ymuno: 11/08/2013 Bostiadau diweddar
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Thanks Martin and Mike. I thought that would be the advice but wanted to check. My understanding generally is that the Council should be permitted to correct (in the public interest) a plain mistake by one of its officers and wondered if the the interests of keeping an unchequered planning history that this would be a better way forward. Have you any experience of this or am I misguided ? Andrew
Andrew. I know it would seem sensible but once a decision has been issued its pretty final. In the old days when only paper copies of the notice were issued, if we were 100% sure we had them all in our possession, we very rarely issued a corrected replacement. Now with decisions available on the web it would be impossible to prevent there being two different versions of the same decision in existence! Mike