Back on the theme of time: the case of the South Cassingray windfarm is one to make the boldest planning consultant quake and the strongest developer weep. A warning to us all.
The applicant appealed for non-determination of an application for two wind turbines validated in July 2010 (a resubmission of an application of November 2008). The period for determination was initially extended to 27 October, as agreed by email. At a meeting of 19 October, it was apparently then agreed to extend the period into February, and subsequently there were two further extensions agreed by email. The applicant appealed when the last expired.
The only problem was that no one had written down anything about the extension of 19 October. Agreement in writing is what section 47(2) of the 1997 Act requires. The appeal could go no further.
It’s not all doom. When the Council does determine the application, there’s still a right to appeal should it be a refusal. Not much comfort though to a developer who was already unhappy with the pace of the planning process.
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Had the emails been printed out?
If so would they have been accepted as evidence of an agreement?
Hi Sue – there shouldn’t be any problem with the emails being accepted. The problem lay with the fact there hadn’t been written agreement at the meeting of 19 October, and without writing, there was no extension.