After an Application is Determined.
This section is intended to help you with the next steps following receipt of a decision notice for your application whether it is for approval or refusal. Information about Building Regulations, discharging conditions, amending plans and appealing refusals or conditions can be found below.
Approval
Once you have been granted permission, there may be further tasks you need to complete depending on the development or works in order to advance through the development process. Please inform the Planning Department when your development or works will be commencing. This will enable the Council to monitor the discharge and compliance with conditions and provide guidance as necessary. We will not be able to provide you with any written confirmation on the discharge of pre-commencement conditions if you do not formally apply to discharge the conditions before you start works.
Refusal
If your application has been refused, then there is a Right to Appeal the Council's decision. Please see the Appeals Page, linked below, for further guidance on how to appeal. If you want to resubmit an application then you will need to address the reasons for refusal which will be set out on your decision notice. These will explain why your application was refused. You may then wish to speak to the planning officer for further clarification about the reasons if you are not clear.
If you think it will be possible to overcome the reasons for refusal, you may wish to also discuss this with us and apply for pre-application advice for guidance about overcoming the reasons for refusal and creating a revised proposal. If you resubmit your application within 12 months of the decision, you may benefit from a 'free go' where a fee will not be charged for the second application. This is subject to the following criteria:
- This must be the first 'free go' (as only one is allowed);
- the application site and red line must be the same;
- the proposal must be very similar and for the same type of development; and
- (to get a different outcome) you must demonstrate how you have addressed the previous reasons for refusal.
If you disagree with the decision you can make an appeal through the Planning Inspectorate.
Discharging Conditions
All permissions will have a number of conditions attached to them, detailed on the decision notice. Conditions are imposed to regulate certain aspects of an approved scheme and are an essential element in the process. They can be applied to the grant of planning permission as well as other permissions such as Advertisement Consent, Listed Building Consent and Conservation Area Consent in order to limit and control the way in which they are implemented.
The process for applying to discharge conditions is explained on the Discharging Conditions page.
Amending Approved Plans
Development and/or works must be carried out in accordance with the stamped plans enclosed with the decision notice. Failure to do so may result in enforcement action being taken by the LPA and any unauthorised work carried out may have to be amended or removed from the site.
If amendments need to be made to an existing planning permission before or during the development, a formal application must be made. Contact the Planning Department if you are considering making an amendment. As a guide, if the amendments are considered to be non-material to the original permission then a Non-Material Amendment application can be made (can only be made in relation to planning permissions) which has a turnaround period of 28 days including a 14 day neighbour re-notification. If a material amendment to the original permission is proposed, a new planning application will be required and will have to be determined in line with normal procedure and time periods (3-8 weeks).
Details of the process, the application forms and applicable fees can be found on the Make a Planning Application page.
Planning Permission & Listed Building Consent Extensions
Provision has been made under the Business & Planning Act 2020 to extend the time limits for implementation of any unimplemented planning permission or listed building consent expiring beyween 23rd March 2020 and 31st December 2020. Such permissions and consents now have until 1st May 2021 to be commenced but please note that you will still need to address any pre-commencemnt conditions prior to making a material start to ensure the commencment is valid.
Any planning permissions expiring between 23rd March 2020 and 19th August 2020 can only be extended subject to Additional Environment Approval (where relevant) applications for which can be sent to planning@scilly.gov.uk. For more information on this and the above, please visit this government website.
Building Regulations
Most building works will require building regulation consent by way of an application. This consent is to ensure the safety of people in and around buildings in relation to structure, access, fire safety, infrastructure and appropriate insulation. See the Building Control page for more information.
Appeals
An applicant who has submitted a planning application has the right of appeal to the Secretary of State at the Department of Transport, Local Government and the Regions in the following circumstances:
- if a decision has not been reached within 8 weeks of the application being received by the Council , or
- upon receipt of a decision notice either for refusal or approval (where the applicant is aggrieved by any condition imposed)
See the planning appeals page for more information.
The following letters are issued with permissions and refusals and give further guidance on what to do next once you receive your decision:
Should you require any further advice regarding any part of your development, please contact the Planning Department and we will be happy to help you.