Meaningful start notice from LPA

[Richard Mulholland]

When an LPA senior planning officer on behalf of the authority issues a written (email) meaningful start notice to an applicant and agent. Can that applicant be told by the same senior LPA officer much later that a mistake by the LPA officer had been made and the 'meaningful start' written notice no longer applies. Furthermore to receive a 'meaningful start' approval again some 'reserved matters' requirements must be completed. Note: the applicant was not considered to be at fault whatsoever & he is informed that a meaningful start means the same as  a lawful start. Is there case law on this matter.

[Ian Walmsley]

Great question!

My view is that if planning is not extant, then those conditions that require to be dealt with before a material start must be completed prior to it being extant.

If this was a certificate of lawfulness confirming that the planning was extant, then that is probably a different matter.

I am not aware of any case law to support this theory however. If others know of any they are welcome to jump in. 

I appreciate that this is not the reply you desired.

More details on a site being extant can be found here.