Return an old application

Planning Advisory Service (PAS)

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

Former Member, modified 9 Years ago.

Return an old application

Is anybody aware of whether there is anything in legislation that allows a LPA to return an application if there has been a long period of inactivity?

We have a situation where a Committee resolution was made to approve an application subject to the applicant entering into a S106 however this was not done for a number of reasons including an issue regarding land ownership. The application as sent back 10 years after the Committee date however the applicant is now challenging that process.

Any feedback would be gratefully received. Kind regards

Ed Murphy, modified 9 Years ago.

RE: Return an old application

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

See Article 36(13)(a) of the Town and Country Planning (Development Management Procedure) (England) Order 2010: a planning application can be treated as ‘finally disposed of’ if it has been inactive for ages and no non-determination appeal has been lodged. But I believe you need to give that formally in writing to the applicant/agent, and the FDO decision should be recorded on the Register. Not sure if that helps with your issue?

Former Member, modified 9 Years ago.

RE: Return an old application

Ed,

Thank you for reply, that's a great help.

Daniel