A non-determination appeal occurs when the Local Authority has not resolved your application within a reasonable timeline. Typically, local authorities should decide on a planning application within 8 to 13 weeks from validation, depending on the category of the application. However, it frequently takes much longer than these timeframe before a decision is finalised. In recent years, these timelines have extended significantly, with some applicants waiting over 6 months for a decision.
We believe that a 6-month waiting period to resolve your application is excessive. It's crucial to remember that you only have 6 months to assert your statutory right to appeal from the validation date unless a new determination date has been mutually agreed upon. Once the 6 months lapse, your right to appeal becomes void.
With a non-determination appeal, the process can be more complex since the appeal statement must address possible refusal reasons that the Local Planning Authority (LPA) might have identified had they made a decision.
We are prepared to handle householder non-determination appeals after 12 weeks from the validation date, or following a revised determination date, and 16 weeks for other appeal types. You can typically find your validation date on the local authority's website, and if you agreed upon a new determination date, you should have that information in an email from the planning officer.
If you would like to learn more about non-determination appeals, please contact us at 0333 772 2347 to arrange a free, no-obligation consultation.
