Developers are often accused of tactics to buy time and by doing so maximising competitive advantage, avoid deadlines, delaying development by land banking etc. Setting aside the obvious point that delay costs money, development projects frequently sit within contractual and statutory timescales and frameworks. Its our experience that developers rarely purposefully delay viable development. In fact the reverse is true.
Planning is often criticised as one source of delay - sometimes with justification, but mostly without. The practice of "clock stopping" - asking for changes then re-starting afresh with a new start date when its received - have long since been frowned on. We are often asked what recourse exists when a planning application gets delayed in the DC/DM office. As far as we can tell there is none, although recent changes to the fee regime require that Local Authorities must refund planning fees if a decision isn't issued 8 weeks or 16 weeks after the initial deadline depending on the type of application involved. Councils have become pro-active at agreeing extensions of time to avoid that.
We have grown used to Development Management being run production line like and build it into advice to clients. Its standard practice these days that planning application decisions come out just about on the last day or so of the 8week period. Target hit. Welsh Government happy.
The Town and Country (General Development Procedure Order) Wales was amended earlier this year and introduced a whole raft of changes to procedures. One of the most subtle (and sneaky) changes was to provide either a further four weeks after the receipt of an amendment or 12 weeks from the valid date to make a decision (which ever is the later). On face value a really sensible move that allows for some additional consultation on changes to major applications without penalty to the Council - so long as its in the 12 weeks or 8+ + 4 they hit their target. . Read the FAQ's Welsh Government issued and it say this:
- Post Submission Amendments
- From the 16 March any applicant who has submitted a major planning application, who wishes to amend their proposal, will be required to pay a fee of £190 when they submit an amendment.
- Upon receipt of all the documents accompanying the amendment and the fee the local planning authority will have a statutory additional 4 week period (if required) in which to consider the new information before making a determination.
In fact the time extension changes applies, we find, to all applications. So your domestic porch where the planner, perhaps reasonably, asks for a glazing bar to change after an early review of the drawings. A tweak to a parking space - easily requested, quickly addressed. Suddenly however when you ask when your client permission will be through, a further 4 weeks is available to the council before it needs to be decided. Amend any planning application here in Wales and the Council now have 12 weeks to deal with the application-without penalty and still hit WG performance targets.
The tip, readers, of the iceberg I suspect, unless Welsh Government put a stop to it.
Positive planning folks. All in good time.
