Closing down old (undetermined) applications - Public forum - Planning Advisory Service (PAS)
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Closing down old (undetermined) applications
I would be interested to hear from colleagues in local government who may be able to provide advice or guidance in relation to closing down old undetermined and invalid applications, and who are willing to share experiences/strategies. Views/experiences from private sector planners or applicants would also be appreciated. Regards Andrew
Tim Wood, modifié il y a 12 années.
Re: Closing down old (undetermined) applications
New Member Publications: 7 Date d'inscription: 19/10/11 Publications Récentes
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Try looking at the GDPO, unless other changes have been made, Article 25(11) provides details on "finally disposed of" applications and the requirements to remove them from the Part 1 register of applications. We have found it a useful way of 'cleaning up' the well and truly dead applications from the system.
We (when I was at LPAs) used a 'finally disposed of procedure' with reference to Art25 (and also the Scottish version) with great success. In most instances of 'live' applications we had previously written to the applicant asking for further information ... which had never been received. We had a new standard letter that said someting along the lines of "further to our letter of ... asking for x, y, and z ... if we do not receive this within 7 days we will treat your application as having been finally disposed of having regard to the provisions of Art25". This unsually resulted in the applicant getting back in touch and either withdrawing the application, or the receipt of the missing information. In the very few instances where we got no response we then disposed of the application (i.e. closed it down). I don't recall us using this in respect of invalid application though ... if the application is not valid, and not on the register, Art25 might not apply? Hope that helps?
We dispose of applications which have gone 6 months past the 8 or 13 week decision period (they can't appeal for non-determination), and have had no recent activity. You cannot dispose of an application which is still active, even if its years old. The devil is in the detail... how to define "active". Phill
The alternative is always to refuse them on the basis of the lack of information ... but that of course means you have to write a report and there is always the possibility of an appeal!!