Planning Application-Extension of Time

atech

Hi,
Would anyone know what the normal procedure is once an extension of time has been consented too and granted?

Bascially a planning application was due for decision on the 19th. The council contacted me the same day and said their intention was to refuse it but if I requested an E.O.T for 2 months we could respond to their concerns.
So the request was sent and granted but I now am unsure of where we stand.
Do they have to issue their further information request within a specific timeframe to allow me to respond and in turn give them time to make a decision all prior to the E.O.T deadline. or
Can they still give a decision to refuse now witout even requesting any further info?

Poor Uncle Tom

An extension of time is just that, you have given the council an extended period to decide on your application, you must now wait for the council to Grant, Refuse or Request FI.

Section 34 (9) is the relevant section.
http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0034.html#partiii-sec34

Jimbo

Usually when the council grants an extension of time, they will send out a letter stating the issues that aren't resolved and it is then up to you to address those concerns satisfactorily within the given time period.

They still can easily refuse the planning if the concerns arent addressed.

You should have submitted any further information at least two weeks before the end of the extension of time to give the council timer to consider.


Although it is possible, it would be very unsual or them to refuse during an extension of time period without giving the applicant a chance to address their conserns.

atech

Thanks for your replies.

Jimbo, you say the FI response should be in at least 2 weeks before the EOT deadline to give them time to consider and make a decision.

What i'm wondering is if the the council do send out a request for FI do they have to issue it within say 4 weeks to allow the applicant sufficent time also to respond to their concerns?

Jimbo

I dont think they are obliged to send you an RFI within a certain period of time.

Sometimes when plannings are out on an extension of time, they are put on the backburner and forgotten about for a while by the council.

Its best to follow it up with a phone call to the area planner or if possible the liason officer in charge of the planning application.

atech

Thats what I had in mind alright or maybe even asking a local councilor to inquire into the application if i hadn't recieved anything before the 1st month was up but I was just a bit wary for fear I might give them more of a reason to refuse it.
I'll sit tight for a week or two i guess and start putting together a response to what i suspect they will ask and try and then chase them for their FI request/decision if i don't hear anything back in the mean time.
Cheers for the input.

muffler

Poor Uncle Tom wrote: »

you must now wait for the council to Grant, Refuse or Request FI.

My understanding is that they cant request further information in these circumstances.

Jimbo

They can't make an official request for further information but they can send you a letter stating the issues that need to be resolved before they can grant permission.

griffk

Hi

Im about to start building my house and would like to build on a sun room now on to the side of it,Do i need planning for this? i know it has to be under 40 sqft,advice would be appreciated as i dont want to go down the road of getting planning and slowing everything down,it would be alot easier to add it on while im building as it is. <SNIP>

muffler

griffk wrote: »

Hi

Im about to start building my house and would like to build on a sun room now on to the side of it,Do i need planning for this? i know it has to be under 40 sqft,advice would be appreciated as i dont want to go down the road of getting planning and slowing everything down,it would be alot easier to add it on while im building as it is. <SNIP>

First of all I have removed the second question you raised as it is in breach of the charter for the main Construction & Planing forum. You're new here so I will let it go at that but do take a couple of minutes to read the charter.

To answer your first question - yes you will require planning permission for that proposal.

Poor Uncle Tom

muffler wrote: »

My understanding is that they cant request further information in these circumstances.

Sorry muffler, just saw this now,

Any of them I have dealt with were never straightforward. Any of the requests may not have been official FI requests, but they usually require more detail, folio documentation, letters of consent, etc.

No6

Atech

If they have siad they are going to refuse you should get on to the area planner immediately and see what reasons they are refusing the application on. They do not have to send out an FI, it is totally up to you to find out what issues they have and see can you resolve them or withdraw the application. Some LA's will issue FI's looking for more information but with advice notes like we are going to refuse you beacuse of X Y & Z but your one dosnt' seem to do this.

smashey

I had a project last year where the planners were going for a refusal. I got an extension of time and met the planner to see what his concerns were and eventually we got permission after another meeting with the him and roads engineer. We sorted out the problems easily enough.

Talk to the planners.