Planning Permission - Clarification of further Information

Winnie001

Hi,

I submitted Further Information following a request from planning dept. today I received a request for Clarification of FI. one of the requests does not stem from inital FI request.
My understanding was that this clarification could only relate to issues already raised in the initial FI request - however I cannot find anywhere to say this at the moment.
anyone have any links/knowledge on this topic.

thanks

muffler

The issue of "clarification" is a dodgy one. Its a very grey area but is used a lot of the time by the planning authority.

I dont have a link but they cant add anything else into the melting pot after the initial FI request

Edit:.......Found this: (b) Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice in accordance with the permission regulations requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application within 4 weeks of the notice being complied with, provided that the total period is not less than 8 weeks.


Planning and Development Act 2000

Mellor

Is the issue they raise very difficult for you to solve.
As answering it may be easier than making a fuss over it.
Even if you are correct, which I believe you are.

paulocon

As muffler said, this is a very grey area but is something that is very often used by the planning authorities.

I saw a case recently where there were a couple of additional requests for information. Look on the brightside that you haven't been denied planning altogether - some look upon it as a process they just need to go through.

Winnie001

believe me I am very grateful that it was another request for information rather than an outright no & while after the first request for further information I wasnt very confident that I would get it, I am now a lot more confident.
Also realising that they will probably just put the point as a condition of planning if I took the case with them that they can't ask as it wasnt in the first request for FI!!

Basically I think that they want the landowner (my father) to steralize the whole land holding if I get permission! We had already agreed to a certain portion of the land being steralized & i understood that this was the norm. But to steralize the whole lot..............and again I now belive that they can ask you to do it permanently! I am very grateful already for getting a site in the first place that I don't want to have to ask my father to do this.
Don't know, going to have to talk to a few people to suss out the situation.

paulocon

Winnie001,

The issue of sterlizing land is one that seems to be coming up more and more and is something that can be very awkward...

I wasn't aware that they could ask you to do so permanently but it wouldn't suprise me - really puts you in a spot though.

Would be very interested in hearing how you get on with this so please keep us up to date...

Macy

Further information is often used to claim more time by under resourced planning departments - we got multiple requests for local connections, even though it was submitted originally :rolleyes:

On the sterilization of the land, it does seem to be more common these days, however, I think there is some debate on how enforceable it is and indeed whether it's constitutional! Perhaps one for a solicitor and/or a local councillor(s)

paulocon

I think Macy has hit the nail on the head there - it is definitely a method of buying some time...

As regards sterilization, it would be very interesting to see a case like this being brought to the courts as it's debatable how sure a condition would stand up to legal assessment.

Winnie001

Yes definitely agree that they do use this to buy time for themselves......but I guess I have to play by their rules for the moment!
I was intending to discuss with local TD who has a lot of experience with planning issues & I suppose you have got me thinking that mayb I should run it by my solicitor as well - not a chance that I will be the one to test it in the courts though! just to get a bit of advice etc.
Will let you know how I get on!

construct06

Hey guys, slightly off-topic but im tryin to get support for a specific 'Built Environment' Forum for all building/engineering/architectural/planning issues. Lend yer support at:

http://www.boards.ie/vbulletin/showt...p?t=2055028973

if yed like to see such a forum

cheers

construct_06