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Q&As
What can I do if my planning consent is taking too long?
I submitted for planning consent about 12 months ago and the process has been extremely slow. For the latest delay in agreeing an S106 agreement the council have taken 5 weeks and have still not instructed their own lawyers. Also, they haven't requested an extension. I'm currently paying £1200 per month in finance costs which I've reiterated to the council many times in an attempt to speed the process along. They rarely respond to my emails or calls and I'm just left tearing my hair out. I can't afford to appeal as this will take even longer. Is there anything I can do about this? Am I able to reclaim any of my money back from the council for these delays?
One Answer
Hi there Mikail,
Thanks so much for getting in touch with your question and sorry to hear that you’re having trouble with your plans.
The planning system is not currently performing as it should. There has been a squeeze on funding over many years and it is now common for applications to take much longer than the 8-week statutory target (for smaller proposals). Case officers are difficult to get a hold of and the whole experience can be very stressful.
Planning application fees were increased in December in an attempt to direct more funding to planning departments, and there has been some drop off in the number of applications being submitted, but things have not been improving and it doesn’t look like anything will change in the near future.
It is common for Section 106 agreements (a form of legal agreement that an applicant can be asked to enter into before planning permission is granted) to drag things out. These agreements are drafted up by the council’s own internal solicitors, but (for some reason) this process can take months.
There is not a lot that you can do about all this, I’m afraid. You have a right of appeal if a decision is not made within the 8 weeks (and you have not agreed to an extension of time), but appeals themselves take around 6 months, so it doesn’t really speed things up.
After 16 weeks, you are entitled to a refund of your planning application fee, but that is not a large sum in the context of what you are spending every month on your property lending.
I recommend that you continue to follow up with the case officer. Try asking your local ward councillors to intervene on your behalf. You should also consider making a formal complaint. With the right pressure, you might be able to push things along more quickly.
Best of luck with your project,
Martin Gaine (Build It’s Planning expert)