Dear Planning Inspectorate,
Please can I know what the procedure is when an LPA imposes a pre-commencement condition WITHOUT first having obtained neither written agreement from a developer nor without even having discussed the issue first prior to imposing a pre-commencement condition as is required in The Town and Country Planning (Pre-commencement Conditions) Regulation 2018.
Dear Mr Basanta
Thank you for your e-mail, making a request for information under the Freedom of Information Act, which has been passed to me for reply.
The Freedom of Information Act gives rights of public access to information held by public authorities. The right of access only applies to recorded information. Accordingly, your request is not interpreted as valid under the Freedom of Information Act, as it asks a procedural question and not for recorded information.
By way of advice and assistance, the specific remit of the Planning Inspectorate in the planning system is an independent, impartial one through the processing of appeals. With regard to your query, comment by the Planning Inspectorate would be seen as interference outside our remit in a local matter. Should a planning application be refused or enforcement made on a site, a planning or enforcement appeal may be made, at which point we will become involved. For this reason you will understand the Planning Inspectorate must be seen to remain impartial.
The responsibility for day to day planning control lies with the local planning authority (LPA) including compliance with any conditions attached to a planning permission. Accordingly related queries are more appropriately raised with the planning department at the LPA.
If you are unhappy with the outcome of your request for information, or the way we handled your request, then you can ask for an internal review. Details of our review procedures and contact details for the Information Commissioner’s Office are set out in the attached leaflet.
The Planning Inspectorate
Room 3H, Hawk Wing, Temple Quay House
2 The Square, Temple Quay, Bristol BS1 6PN
E-mail: [email address]
Telephone: 0303 444 5493
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