A PLANNING inspector has said she is unable to rule on whether the Forest Council failed to determine plans for a private gipsy site at Chaxhill within the legal time limit.

Tamsin Law said the appeal for a site at Crowgate Lane was “…invalid and I am unable to proceed to consider the planning merits of the case.”

The council said the application was invalid as the correct fee was not paid and necessary additional information not given prior to new rules on biodiversity net gain coming into force.

Applicant Mr J Lamb argued the application was made prior to the requirement coming into force.

Applications made before February 12 2024 are not subject to the new regulations.

Planning applications are deemed to be valid when the scheme and necessary documents are lodged with the local council and the appropriate fee paid.

The Chaxhill application was submitted on October 23 2023 and the £462 fee paid.

The council wrote to Mr Lamb on November 8 and despite further information being submitted a month later, it was still not in order.

A £116 fee increase was paid in March but the council had already repaid the rest of the fee because no further information had been received.

The application was still deemed invalid as the appropriate fee had not been paid.

The applicant argued that the application was “made” in October and there was no need for it to be valid.

The inspector said it would be “illogical” to conclude an invalid application could meet the requirements.

She said: “…if this were the case it would mean that applications lacking any details, or an application form with no plans or technical information with no prospect of being made valid could consider to be made.”