| Topic: | Pre-Application Advice - Hidden Details or Unchallenged Incomplete Application Forms | |
| Posted by: | Victor Mishiku | |
| Date/Time: | 13/06/21 20:27:00 |
| I originally referred to the absence of Public Notices informing adjoining residents of planning applications very close by and gave an example of a case on the Haymills Estate in Ealing W5 where a development affecting neighbours in Ashbourne Close to the rear was not publicised and which nearly deprived them of their right to make representations to The Planning Inspectorate when the case went further. Now another disturbing issue has arisen. This is the contentious matter of developers seeking "pre-application advice" before submitting their applications to the Council. I have been informed of several cases involving the same Planning Agent (of Chalkline) where the Planning Application Form has either not been completed properly or if it ever was, the details have been hidden by the Planning Department as relate to "pre-application advice". Under planning law, there is a requirement for the Council to maintain a Public Register of Planning Application documents. The 2015 legislation provides full details - The Town and Country Planning (Development Management Procedure) (England) Order 2015. Application Forms must be truthfully completed including details of Ownership of the land to which the application relates. In a very recent case at 98 Gordon Road, Ealing W13 (which has already lost part of its grounds to new development), the Planning Application Form enquires in section 36 of the form: "Pre-application Advice - Has assistance or prior advice been sought from the local authority about this application?" The answer states "yes". The next questions ask for the title & full name of the Officer giving such advice; the date, reference and details of the advice received. In the Gordon Road case, the Application Form is missing all details bar the date and the word "Miss" (indicating a female officer). The Form also states re. the details of the advice received "refer to design and access" (a 16-page document from the agents). However, I cannot see any details of the advice received in that document and I have been told that the same agent has done similar in another case in Ealing Common. It should be noted that applicants' information supplied to the Council in the Application Form that is inconsistent and/or incorrect is rendered voidable according to existing planning law. In particular, Section 327A of the Town and Country Planning Act 1990 (as amended) makes it clear that the local planning authority must not entertain such an application. The question is: Are these developers' agents withholding information on the Application Forms or are Planning Officers deliberating hiding the details from the public and other interested parties? If so, is this by some kind of private arrangement thus attempting to bypass planning law? Victor Mishiku 13/6/2021 |