Planning fee refund - Public forum - Planning Advisory Service (PAS)

See Provectus Remediation v Derbyshire County Council

Also, bearing in mind the very tight legal controls around local authority spending, an LPA that issued a discretionary refund beyond the legal requirement of the fee regs is probably acting unlawfully IMO

Hi Joanna 

I would say there is no refund due unless the extension of time agreement included a clause to seek a refund in the event the newly agreed deadline has not been met.

This decision is based on a High Court Judgement https://optimis-consulting.co.uk/when-are-applicants-entitled-to-a-refund-of-their-fee-in-the-event-of-non-determination/

I hope this helps.

Thanks

Lisa

Totally agree Richard I don't think the LPA can enter into an agreement about fees at least not in relation to Statutory Functions.

Thanks for your help. 

It's so frustrating as developers are really struggling in our area as it is becoming the norm for the council to request an extension of time upon validation and therefore removing and future rights to a refund. There are a few applications I know of that have over run by at least an additional 12 months after the granted extension of time, where negotiations are not continuing but there is a lack of descion and there seems to be no come back on the council. 

It is my understanding that it is a requirement for the Council to renew an extension of time before the expiration of any previously agreed period. I would first recommend that you check your junk mail to eliminate the possibility that they have sought to extend this time as they may have a default agreement statement in the letter 'I would be grateful if you could please confirm your agreement to this request by replying within 5 working days'. 

I would point out that it is the duty of the Council to demonstrate that they have made such a request.

The Planning Practice Guidance makes it clear that:

'Where a valid application has not been determined within the relevant statutory period (or such other period as has been agreed in writing between the local planning authority and the applicant), the applicant has a right to appeal to the Secretary of State against non-determination.'

If the applicant has not exercised this right of appeal, and the application remains undetermined after 26 weeks, then the fee paid by the applicant will be refunded to them (unless a longer period for the decision has been agreed).