If you disagree with our reasons for invalidating a planning application and negotiation with us has failed, you may send a notice to us. This should set out your reasons for considering that the information requested by us, in refusing to validate the planning application, does not meet the statutory tests. The statutory tests are as follows:
- reasonable having regard, in particular, to the nature and scale of the proposed development; and
- about a matter which it is reasonable to think will be a material consideration in the determination of the application.
(see Section 62 (4A) of the Town and Country Planning Act and Article 11(3)(c) of the Town and Country Planning (Development Management Procedure) (England) Order) 2015.
You should send a notice under article 12 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
On receipt of the Notice the LPA will respond with either a Validation Notice stating the information is no longer required or a Non-Validation Notice stating the information is still required to process the application.
The time scales for this process depend on the type of application as follows:
- 16 weeks - applications subject to an Environmental Impact Assessment (EIA)
- 13 weeks - applications for major development
- 8 weeks - applications for all other development types
Further information can be found in Planning Practice Guidance paragraphs 049-055.
You must have submitted all the other information needed to validate the application together with the fee. Should we issue a Non Validation Notice, you may then appeal this under Section 78 of the Town and Country Planning Act 1990.
