Tim, You can appeal non-determination up to 6 months after either the statutory time frame or such other extended timeframe agreed in writing between the applicant and the LPA. Assuming you aren't currently operating under an agreed extension of time for determination, and assuming that at the moment the possible determination dates are being discussed by phone only, I would suggest that you write a letter asking the LPA to agree in writing to a deadline for determination - this then gets you an extended deadline under the regs which you can then use as a date to appeal non-determination against. Of course the LPA may realise you are out of time to appeal and decline to do this but it's probably your only option at this stage. Actually, your other option is to resubmit the scheme and appeal non-determination as soon as the statutory time frame has elapsed, but this obviously has implications in terms of time and money.
