Planning Portal

Draft PPS 14 - Questions and Answers

Published on Mon, 29 Oct 2007
Following Mr Justice Gillen’s judgement of 25 October 2007, the following information has been prepared to help answer any questions you may have on draft PPS14.
If you have any further questions, please do not hesitate to contact your local divisional planning office.
  1. Will the Minister refund the fees of applicants who wish to withdraw applications made between 7 September and today in the mistaken belief that dPPS14 had been quashed?
  2. Will the Minister waive fees for applicants refused under dPPS14 who wish to re-submit now or on publication of any revised policy?
  3. Are there any other circumstances in which refunds will be offered?
  4. Are there any circumstances in which you will waive fees for people who have applied for planning permission and been refused under dPPS14?
  5. Will all re-submitted applications be approved?
  6. Will the Planning Service consider a fresh application if the Planning Appeals Commission has dismissed an appeal against a refusal of a previous application under draft PPS14?
  7. Will refusal decisions now be issued in relation to draft PPS14 related applications already presented to Council?
  8. Will applications yet to be presented to Council with opinions to refuse in relation to Draft PPS14 also be deferred?
  9. Can you give us a breakdown of PPS 14 applications by the numbers refused, approved and still to be decided?
  10. What will happen to planning applications which were refused under draft PPS14 where there was a history of outline planning approval on the site within the previous 5 years?
  11. Will applications for sites which have a previous refusal under draft PPS 14 be blighted by the refusal when the new application is being considered under any revised policy?

Will the Minister refund the fees of applicants who wish to withdraw applications made between 7 September and today in the mistaken belief that dPPS14 had been quashed?

Yes. Refunds will be offered to those applicants who submitted an application between the original judgement on 7 September and today. This is an exceptional measure in unusual circumstances.  Planning officials will be writing to those concerned.

Will the Minister waive fees for applicants refused under dPPS14 who wish to re-submit now or on publication of any revised policy?

Fees will not be waived in these circumstances as there is no provision within legislation to do so.  Anyone falling into this category may of course submit a new application or appeal to the Planning Appeals Commission within 6 months of the date of refusal.

Are there any other circumstances in which refunds will be offered?

No. The arrangement I have announced today is a one-off to cover an exceptional set of circumstances.

Are there any circumstances in which you will waive fees for people who have applied for planning permission and been refused under dPPS14?

No. There is no provision in law to waive fees.

Will all re-submitted applications be approved?

Each application will be considered on its merits taking account of the policy which applies at that time and any other material planning considerations which are relevant to that application.

Will the Planning Service consider a fresh application if the Planning Appeals Commission has dismissed an appeal against a refusal of a previous application under draft PPS14?

Planning Service can decline to consider a repeat application if the original was refused and unsuccessfully appealed to the PAC within the previous 2 years.  However, this is a discretionary power and Planning Service will exercise its discretion and accept fresh applications.

Will refusal decisions now be issued in relation to draft PPS14 related applications already presented to Council?

No.  Planning Service is willing to defer reconsideration of proposed refusals under draft PPS14, at the request of the District Council, until the revised Policy emerges, provided the applicant does not wish the decision to be issued.  Applicants do have the right of appeal to the Planning Appeals Commission when a refusal is issued.

Will applications yet to be presented to Council with opinions to refuse in relation to Draft PPS14 also be deferred?

Yes. They will also be deferred until such times as a revised policy emerges.

Can you give us a breakdown of PPS 14 applications by the numbers refused, approved and still to be decided?

Approximately 4,500 PPS 14 applications were received after 16 March 2006, and up to early September 2007. Over 1,200 of them were approved and just under 600 refused (554 solely on the basis of PPS 14, 45 for other policy reasons). Just under 2,500 of them still had to be decided in early September and a further 300 had been withdrawn.
I should add that over 1900 applications for single dwellings in the countryside have been received since Mr Justice Gillen gave his judgement on 7 September. Most of these are in Omagh Division, including Fermanagh, where almost 1200 had been received up to the end of September.  This was more than double the total number of applications of all types received in the Omagh Division in the previous month.

What will happen to planning applications which were refused under draft PPS14 where there was a history of outline planning approval on the site within the previous 5 years?

This matter has already been raised with me before the court case.  Planning Service has identified these applications and will be writing to those applicants concerned. Where a refusal has been issued it is not possible to ‘reopen’ applications. In such cases applicants may submit a fresh application and, for reasons unconnected with the present court case, greater weight will be given to the planning history of the site. However, the appropriate fee will be required as there is no provision within legislation to waive fees.

Will applications for sites which have a previous refusal under draft PPS 14 be blighted by the refusal when the new application is being considered under any revised policy?

No. The prevailing policy at the time of determination would be the main consideration.

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