A non-determination appeal is where the Local Authority have failed to determine your application in a timely manor. Local authorities should determine a planning application in 8 and 13 weeks from validation depending on the type of application, however it is often considerably past these dates before you will see a decision. In recent years these time scales have been slipping and some applicants are not getting a decision before 6 months.
We at HEAL Planning consider that 6 months in an unreasonable time scale to wait for your application to be determined. You have to be mindful that you only have 6 months to exercise your statutory right of appeal from the validation date unless a new determination date has been agreed. If you go over the 6 months you have no right to appeal.
With a non-determination appeal in a way these appeals are slightly more complicated due to the fact the appeal statement will need to cover potential refusal reasons that the LPA might have come up with should they have determined the case.
HEAL planning is happy to take on householder non-determination appeals after 12 weeks from validation or after a revised determination date and 16 weeks for other types of appeal. You can find your validation date in most circumstances on the local authority website and if you have agreed a revised determination date you will have that on an email from the local authority planning officer.
If you would like to find out more about non-determination appeals, please contact us on 01743 369911 and arrange a free no obligation consultation