Planning Permissions – At what point does the decision to approve planning permission take effect?08/01/19
Many will be familiar with the planning application process which is often lengthy and complicated.
Ordinarily a planning application will be determined by a local planning authority, either by
- delegated powers by a planning officer;
- or by Councillors at a committee meeting.
Where a committee meeting takes place, Councillors will review the application and make a resolution to grant or refuse the application based on the planning merits of the application before them.
Does this mean planning permission has been granted?
Planning permission is only granted on the date stated on the decision notice.
Where a resolution to grant or refuse the application is made at a committee meeting this does not constitute the decision notice.
As a consequence planning permission has not yet been granted and the time limits for bringing a judicial review claim have not yet commenced (6 weeks from the date of the decision notice).
Following a resolution to grant or refuse an application, the decision notice will be issued at a later date.
When will the decision notice be issued?
Where there are no outstanding matters (for example the completion of a s106 agreement) the decision notice will often be issued within a few days of the resolution to grant permission.
However where there are outstanding matters, such as a s106 agreement to be finalised and completed, the decision notice will not be issued until those outstanding matters have been resolved. This can take days, weeks, months and sometimes years! Albeit in the latter case such matters may be referred back to the committee for re-approval.
Planning Permissions 2018
A list of the biggest housing permissions granted across the Country in 2018 can be found at this link.
If you have any queries please contact Suzanne Smith or Spencer Vella-Sultana.