Neil wrote:
<I accept that there may be many reasons from a public point of view not to
charge but the Planning & Compulsory Purchase Act 2004 (section 53) gives
the LPA the power to charge (still not sure if this has come into force
yet?). >
I'm not familiar with that bit of legislation (Phew) but is it at odds with
the Blue Book and the TPO legislation? That's a lawyer question really -
but I'd like to know the answer if anyone knows.
<Dom, if the applicant has not paid the fee then the application is invalid,
that is not non determination and should be include under the act?>
It would only be invalid if the two bits of legislation tie up. If not and
you charge that's an ombudsman issue and probably the more worrying one for
you. Especially as the Blue Book sets out quite clearly what level of info
you can and can't accept. It's always struck me as odd that planning
applications have a fee but TPO applics don't.
But as Lloyd said it's likely to be controversial so just make sure its
valid if and when you implement it as there are always people looking to
stick the boot in to LA's. Justifying another TO has got to be a good
reason lets just hope you can pull it off.
Dom
PS Lloyd (of Islington LBC) wrote "as a council tax payer of Torbay..." -
don't you mean Ilsington and aren't they 200 miles apart? ; )
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