Telecoms application start date - Public forum - Planning Advisory Service (PAS)
Open group
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Started - July 2012
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Last activity - Today
Telecoms application start date
We are having a debate about the start date of a telecom application Some in the office think that day 1 is considered as the date of receipt ( whereas with normal planning applications this is day 0 with day 1 being the day after receipt) Can anyone kindly point to the relevant legislation that would be able to confirm the correct procedure.
I don't have the legislation to hand but the start date for telecoms is clearly set out in a number of recent publications. The Commission for Local Administration in England have published a document titled "Special Report - Telecommunications masts: problems with 'prior approval' applications". Para 5 reads "It is essential councils are clear that day one of the 56 day period ....is the date of receipt and this is unaffected by any requests, or or later receipt of, further information". In otherwords these are calculated differently to planning applications where date of receipt is day zero
I've attached the new guidance for PS2 completion from CLG, in case it missed you. It is clear that telecoms is day one. Regards, Richard
This has been an issue for some while and ODPM said a couple of years ago that it was 'on the list' to clarify. John Stambollouian wrote to all authorites in Nov 2004 saying that the first day of a valid application is registered as day zero. Telecoms work on the day being day 1. Clearly there is a conflict. The ombudsman's advice note also refers to the day of receipt being day 1 See the report at http://www.lgo.org.uk/special-reports.htm CLG should make clear that the same rules for planning applicants applies to telecoms operators so all computer records count date a valid application or prior approval received as day zero. Tony
Its clear that for a telecoms notification , the date of receipt is day zero but my concern now is for telecoms notifications received electronically. The new circular 02/08 on validation etc which is for planning permission "and other associated consent regimes"says in para 36 for applications, the time period begins the day after a valid application and fee have been received , regardless of whether the application is submitted electronically or in paper format. Presumably this applies to telecoms notifiactions too and means that a telecoms received electronically after work on March 20th with date of receipt being day zero will be 6 days into its determination period assuming its validated first day back after the easter break?