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  • HMO & Multi-Lets

    Planning App. delayed Highways Consultation

    Planning application to increase the no. of bedrooms from 6 to 8 in an existing HMO.

    The consulation period with Highways ( maximum parking requirement ) was 7 to 10 days for all other planning applications submitted around the same period, however for my application it was over 3 months.    During this period, the local planning guidance for parking standards was changed to result an increase in the parking requirement for HMOs.  Subsequently denying my planning application.

    Are the local authority allowed to deliberately delay the consultation with Highways, to allow time for changes to local planning guidance be introduced, so the planning officer can then recommend the planning application for refusal on grounds that it does not meet the new criteria introduced ? 

    Proving it, I would like to regard as a seperate matter, for now I am just interested to know are they allowed to to this.

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    I seem to remember somewhere that planning officers can give weight to an emerging policy as a material consideration, however, in this case they took considerably longer to make a decision than the statutory 8 weeks for simple planning applications (unless there's ongoing dialogue). Again, I'm not 100% sure about this, but there might be a chance that you could appeal for non-determination - as per government guidance :-

    You can appeal a planning decision if either:

    • you disagree with it
    • the decision was not made within 8 weeks (13 weeks for a major development, such as 10 or more dwellings or a building of more than 1,000 square metres)
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    Yes, appeal is underway, however initial queries with the inspector says they use the most recent guidance available.

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    I'll keep my fingers crossed for you Arran - please keep us updated though.

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    Good luck with this. Sounds potentially complicated as with 8 beds you are in Sui Generis territory.

    It may be worth asking on the Developers forum over at Landlordzone.

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