AYLESBURY VALE DISTRICT
COUNCIL
Please ask for:
Andrew Small Direct
Line: 01296 585
Switchboard: 01296
585858 Text Relay:
prefix telephone number
with 18001 Email:
asmall@aylesburyvaledc.
gov.uk
T
el
a
y:
AYLESBURY
VALE
DISTRICT
COUNCIL
Date: 8th November 2019
Address: Lawrence O'Dell -
xxxxxxxxxxxxxx@xxxxx.xxx
Dear Mr
O'Dell
Re: Non Functional District
Council
Thank you for your email of the 5th November 2019, please see below the technical
information, which has been given to me in response to your query:
Application 16A3442
/DIS is a discharge of condition application (DIS) for planning
application 16
/03442
/APP. Condition
7 within the DIS application was required by the
planning inspectorate on the appeal (18
/00001/REF) that was o
verturned from refusal
originally.
There is some truth to the chairs comment below with regards to the DIS
application going to the planning inspectorate however, the full wording also states that
as the LPA if we refuse the application it can still be appealed and the 21
/11/2019 date
doesn't amount to anything. 8
/00001/REF, condition 7 (ii) -
"If within 12 months of the
date of this decision the local planning authority refuse to approve the site
development scheme or fail to give a decision within the prescribed period, an appeal
shall hav
e been made to, and accepted as validly made by, the Secretary of State."
The 12 months period as reference above is referring to the date of the appeal decision
and not the validation date of the DIS application. The 12 month period has
already elapsed as the date of the appeal decision was 19
/02/2018.
This is not a simply case of refusing the DIS application as the agent can
appeal regardless of both outcomes. We have tried pushing this application as quickly
as possible however, with the lack of response from agent phone or email it has been
difficult to progress. It is in our interest to agree mutually acceptable details with the agent
rather than refuse the application as, the site is allocated within our emerging local plan
meaning that the scope of enforcement action is limited.
The planning officer on numerous occasions has contacted the agent with regards
to concerns on this application and have failed to receive formal comment or provide the
requested information. Correspondence between officer and agent is confidential and
external consultees or others are not privy to this information. Whilst an appeal could
be submitted by the applicant, given that the LPA has clearly outlined the issues with
the information which has been provided and clarified how these issues can be
addressed, the agents lack of response on these matters would mean an appeal would not
be in their interest.
Yours
sincerely
Andr
ew Small
Director
Cc: Cllr Angela Macpherson, Cllr Michael
Rand, Boarstall Clerk
The Gateway Gatehouse Road Aylesbury
Bucks HP19 8FF
DX 4130 Aylesbury 1
www.aylesburyvaledc.gov.uk