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BETTESWORTHConstruction
England planning

What to do when a planning application is delayed or missing information in England

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If your planning application appears stuck or the council says information is missing, first establish whether the application is valid and registered. Ask the local planning authority (LPA) in writing to confirm its validation date, list every outstanding item and the rule or local validation requirement behind each request, and state the decision date it is working to. Only then can you tell whether you are waiting for validation or whether a valid application is late. If the relevant statutory or agreed period has expired, you may appeal against non-determination—but an appeal is not automatic planning permission.

The steps and deadlines below apply to the English planning system. Scotland, Wales and Northern Ireland use different procedures and appeal routes.

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First identify which delay you have

There are two different problems that are often described as a “delayed application”. They have different clocks and remedies.

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The application has not been validated

An LPA may have received your forms and fee but decided that the submission is incomplete or does not meet its validation requirements. The normal decision period does not simply run from the day an incomplete package was uploaded. It normally starts when the application is valid.

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Ask whether the application has been registered as valid, whether consultation has started and, if not, what is preventing validation. A request for a document needed to make the application valid is different from a request for extra material to assess an application that is already valid.

The application is valid but no decision has been issued

Once an application is valid, the LPA should work to the statutory period for that type of development, unless you and the authority have agreed a longer period in writing. If that period passes without a decision, the issue is non-determination. You can ask for a firm decision date or consider an appeal.

Write to the planning authority and create a clear record

Use the case officer’s published email address or the council’s planning portal contact route. Keep your message factual and ask for a reply in writing. Request all of the following:

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  • the date the LPA considers the application valid;
  • confirmation that it has been registered and whether consultation has begun;
  • every document, drawing, fee or other item the authority says is outstanding;
  • the legal, policy or local validation-list basis for each item;
  • whether a formal non-validation notice has been issued;
  • the decision deadline being used, including the date on which the statutory period began;
  • details of any extension of time agreed in writing; and
  • the next procedural step and a realistic expected decision date.

UK Government guidance on making an application says authorities should “discuss their concerns with the applicant at the earliest opportunity” and “give clear advice about what steps need to be taken to address their concerns.” A precise written request helps you test whether that has happened and prevents dates being lost in telephone conversations.

Check what “missing information” actually means

Information required for validation

Validation requirements come from the national rules and the LPA’s published local validation list, applied to the circumstances of the proposal. For example, a particular drawing, ownership certificate, fee or technical report may be needed before the authority will treat the submission as valid. The fact that an officer asks for a document does not, by itself, establish that it is required in every case; ask how the requirement applies to your development.

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If the request is clear and reasonable, supply the material promptly. Name each file, use the council’s required format and ask the officer to confirm receipt and whether the application is now valid. Save the uploaded files, portal confirmation, emails and the fee receipt.

Additional information for assessing a valid application

An LPA can ask for further information while assessing a valid application. That request may help officers understand design, access, drainage, ecology, heritage or another planning issue without changing the original validation date. Ask the officer to confirm whether the application is already valid and whether providing the material changes the decision timetable.

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If an item appears unnecessary, do not ignore the request. Reply asking for the specific validation-list entry, legal power or policy reason relied on, and explain why you believe it does not apply. A short, written clarification can resolve an over-broad request while preserving your position.

What to do if the LPA says the application is invalid

Ask for the formal notice and its reasons. Preserve the notice, the submitted documents, the fee evidence and all correspondence. A formal non-validation notice matters because the calculation of the decision period can be disputed.

GOV.UK describes a route to appeal against non-determination following a non-validation notice after the relevant time has passed. In that situation, the period is considered to start when the authority has the fee and all other information necessary to validate, excluding the disputed information specified in the Article 12 notice. The Planning Inspectorate can consider the validation dispute as part of the appeal.

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Do not assume that simply waiting a fixed number of weeks from the original upload date makes an appeal ready. First establish which information was accepted, which item is disputed and when the fee and other validating information reached the LPA.

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Calculate the correct decision period

The ordinary periods in England are procedural deadlines, not statistics about how quickly every council decides. The period depends on the application category and can be replaced by a written extension.

Application circumstance Usual statutory period How to use it
Most planning applications 8 weeks Count from the valid-application date, not automatically from the first incomplete submission.
Major development 13 weeks Confirm that the LPA has treated the proposal as major development and check any written agreement.
Application subject to Environmental Impact Assessment 16 weeks Use the EIA period where that category applies.
Other categories, including technical details consent or public service infrastructure Category-specific period Check the period stated in the relevant planning guidance and the LPA’s correspondence.

An extension of time changes the relevant date only when it has been agreed in writing between the applicant and the LPA. Keep the signed letter or email and read exactly which period and decision date it covers. A verbal assurance that an officer is “nearly there” is not the same as a written extension.

Ask whether waiting is sensible

Before appealing, ask the LPA for a realistic written decision date and the reason for the delay. Waiting can be practical where the officer has identified a small, defined amendment, statutory consultees are close to responding or a committee meeting is imminent. Set a date to review the position rather than agreeing to an open-ended delay.

Consider the consequences of waiting: a purchase or finance condition may expire, a contractor may need to be rebooked, or a design may become more expensive to change later. Record those consequences in your email and ask whether the proposed timetable can meet them.

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When and how to appeal against non-determination

Where a valid application has not been determined within the relevant statutory period—or another period agreed in writing—you have a right to appeal to the Secretary of State against non-determination. This is an appeal about the application’s planning merits and procedure, not an automatic approval mechanism. The Inspectorate can dismiss the appeal, allow it subject to conditions, or otherwise determine the proposal under the applicable process.

Check the appeal window for your category

The Planning Inspectorate guide for applications dated on or after 1 April 2026 gives most non-determination appeals a six-month limit after the LPA’s determination period expires. Advertisement-consent non-determination has an eight-week appeal period, and other categories have distinct rules. Check the current Inspectorate guide for the exact application type, including any enforcement-related exception, before relying on a date.

Calculate from the expiry of the statutory or written-agreed period—not from the date you first complained about the delay. If the LPA issued a non-validation notice, apply the special validation-dispute calculation rather than the ordinary calculation.

Prepare the appeal file

Gather the material an Inspectorate case will need:

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  • the original application form, plans, supporting statements and fee receipt;
  • the LPA’s validation confirmation or non-validation notice;
  • the complete chronology of submission, validation, requests and responses;
  • the written extension, if any;
  • the LPA’s consultation and officer correspondence; and
  • a concise statement explaining why the determination period expired and what outcome you seek.

Check the current appeal form and submission instructions, and ensure the appeal is received before the applicable deadline. An incomplete appeal can create avoidable correspondence and risk the time limit.

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A practical decision framework

Your status What to do now Likely consequence
Not yet validated; request is clear Supply the item, obtain receipt confirmation and ask for the new validation date. The decision clock should be assessed from the valid-application date.
Not yet validated; request appears unsupported Ask for the precise local-list, legal or policy basis and explain why it may not apply. You may resolve the issue without conceding that an unnecessary item is required.
Formal non-validation notice disputed Keep the notice and calculate the period using the validation-dispute rules; consider the available non-determination appeal route after the relevant time. The Inspectorate can examine the dispute alongside the appeal.
Valid application within its period Ask for the next milestone and a realistic decision date; continue constructive discussions. Appealing before the period expires is generally premature.
Valid application past its statutory or written-agreed period Request a final decision date, then decide whether to appeal within the category’s deadline. An appeal starts a merits-based process; it does not grant permission automatically.

Common mistakes that make delays harder to resolve

  • Counting from the upload date: an incomplete submission may not start the ordinary decision period.
  • Accepting a vague request: ask for each missing item and its specific basis rather than exchanging general promises.
  • Confusing validation with assessment: extra evidence requested for a valid application does not necessarily reset validation.
  • Relying on a phone call: confirm dates, requests and agreements by email.
  • Assuming an extension: a longer period must be agreed in writing.
  • Missing the appeal window: deadlines differ by category; the six-month general rule does not cover every case.
  • Treating an appeal as automatic permission: the Inspectorate considers the planning case and may refuse it.

When specialist help is worthwhile

You can handle a straightforward request for a missing drawing or confirmation yourself. Consider a planning consultant or solicitor where the LPA has issued a formal non-validation notice, the validation issue could affect a purchase or financing deadline, several technical disciplines disagree, or an appeal statement requires detailed planning evidence. Give any adviser the complete chronology and documents; professional input should support, not replace, the written status check with the LPA.

Keep a one-page case chronology

A simple chronology makes the next conversation more productive. Record the submission date, fee payment, every portal status, the date the LPA said the application was valid or invalid, each information request, your response date, any written extension and the statutory deadline. Attach the relevant email or notice to each entry. This allows you to demonstrate exactly which clock applies and prevents an appeal deadline being calculated from the wrong event.

Frequently Asked Questions

How long does the council have to decide a planning application in England?

The usual period is 8 weeks for most applications, 13 weeks for major development and 16 weeks for applications subject to Environmental Impact Assessment. The clock normally starts when the application is valid, and a longer period can replace it if agreed in writing. Other categories have their own periods.

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What if the council says my planning application is missing information?

Ask in writing for every outstanding item, the specific legal, policy or local validation-list basis, and confirmation of whether the application is valid. Supply clear, reasonable items promptly and obtain written confirmation of receipt and the resulting validation date. If a request appears unnecessary, ask the officer to explain how it applies to your proposal.

Can I appeal if the planning authority has not decided my application?

Yes, a valid application that has not been decided within its statutory or written-agreed period can be appealed against non-determination. The appeal is not automatic permission. Most such appeals for applications dated on or after 1 April 2026 must be received within six months after the determination period expires, but categories such as advertisement consent have different limits.

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