Deemed Discharge of Condition Notice – Ridiculous process?

Deemed Discharge of Condition Notice – Ridiculous process?

11:01 AM, 20th May 2022, About 3 months ago

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I have given notice to the council for a ‘deemed discharge notice’, in order for the planning condition to be discharged under article 28 of the Town & Country Planning (Development Management Procedure (England) Order 2015.

All the requirements have been fulfilled to enact one under article 29
1. Application was sent in for a discharge of condition 9 weeks ago (past the min 6 weeks time lapse since the application AND over the 8 weeks required for the council to have given a decision on the application)
2 I have not raised an appeal after the min 6 weeks lapsed
3. Given them the details of the planning application to which the notice refers
4. Stated the date for when I want the deemed discharge notice to take place (which is also after the 8 weeks min time lapse)

The Council have replied, “I confirm receipt of your notice of deemed discharge, which will take effect if the Council fails to determine the application within 14 days of the date of the notice.”

I thought that if I fulfilled all the above requirements the whole point is that the ‘deemed discharge notice’ is deemed to have been discharged as a direct result of them not giving a decision in the first place!
Surely they can’t now give themselves another 14 days to make a determination??

Has anyone been through this ridiculous process before?

DSR



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