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Housing - New Build: Advise on planning resubmission fees

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    Hoping one of you guys that knows planning law better than me can help.

    I have approved plans for both a new dwelling in my back garden and an extension to the existing building. These are two separate applications.

    I want to resubmit these application to change the design of the building - this is within the 12 months deadline and there has been no re submissions previously.

    My understanding that every application can be resubmitted but the planning team manager is telling me that there is only one resubmission per SITE and not per application.

    He said the guidance isn't clear but the site term comes from the Town and Country 1989 Act, I have argued that the planning portal says the resubmissions is per application, but he's adamant that there is a fee to pay on one of the resubmissions.

    Anyone able to help me, is he right? Does it say somewhere that resubmissions fees are based off the site and not the application?
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      CommentAuthorfostertom
    • CommentTimeJan 14th 2014
     
    That's a warning!

    Another resubmission-orientated warning - got consent for an extension over a yr ago, no objection from Drainage authority (Wessex Water). Since then, the Water Authorities have taken ownership of all 'shared' private drains, so they're now public sewers, which they now have to repair.

    Fair enough, but the downside is that now they won't allow any building within 3m of same, which will knock out many a garden/extension site, for which previously the Bldg Insp wd have agreed some sensible build-over or -nearby precautions. Maybe some such may yet be negotiated - but with extreme foundations, I'm sure.

    So that consent we have is on the face of it now impossible to build, unless we pay to have the 'public sewer' diverted to Rolls-Royce standard at vast expense. This only came to light when I submitted a revised application and got Wessex's 'no way' response as part of the consultation process.

    So - look at any extension site with new, precautionary eyes!
    • CommentAuthorTriassic
    • CommentTimeJan 14th 2014
     
    So build to the existing consent?
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    Unless your new-build permission is for an ancillary building literally in your garden, you have surely created a site in what used to be part of your garden. If that is the case, it's not the same site. I don't *know* that - it just seems the logical view.
    • CommentAuthorowlman
    • CommentTimeJan 15th 2014
     
    Posted By: Nick Parsons............ you have surely created a site in what used to be part of your garden. If that is the case, it's not the same site. I don't *know* that - it just seems the logical view.

    To me too Nick, I'd argue...... New dwelling. New council tax. New address. Separate application, ergo different, (new), site. Single ownership of the whole garden is, I would think, irrelevant
    • CommentAuthorRoger
    • CommentTimeJan 15th 2014
     
    <blockquote><cite>Posted By: owlman</cite>To me too Nick, I'd argue...... New dwelling. New council tax. New address. Separate application, ergo different, (new), site. Single ownership of the whole garden is, I would think, irrelevant</blockquote>

    No, as the permission has not yet been implemented none of these things yet apply.

    The 'free go' should relate to each application, not just one free go per site.
    • CommentAuthorowlman
    • CommentTimeJan 15th 2014
     
    Posted By: Roger..........................The 'free go' should relate to each application, not just one free go per site.</blockquote>

    Agreed common sense says it SHOULD, but, his "planning team manager" is telling him not so. He, the manager, says the re-submission is per site. Therefore what Nick Parsons,I think, plus I, are saying, is by submitting two applications he is in effect creating a new site and a new dwelling, and as such two re-submissions should be allowable, whichever way you interpret the rules.
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      CommentAuthordjh
    • CommentTimeJan 16th 2014
     
    Posted By: calvinmiddleHe said the guidance isn't clear but the site term comes from the Town and Country 1989 Act, I have argued that the planning portal says the resubmissions is per application, but he's adamant that there is a fee to pay on one of the resubmissions.

    So what does the Town and Country 1989 Act actually say?
    • CommentAuthorPaulJ
    • CommentTimeJan 16th 2014
     
    Work out which has the highest fee and resubmit this app first. After it is validated, resubmit the second, saying "resubmission of XY/1234/12" and argue then. You could ask DCLG for their opinion if you can get hold of anyone. I don't think there is any appeal against fee decisions.

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