Non-determination is when the Local Planning Authority fails to determine the application within the statutory period. Very occasionally the Secretary of State will take the decision.
Where a valid application has not been determined within the relevant statutory period (or such other period as has been agreed in writing between the Local Planning Authority and the applicant), the applicant has a right to appeal to the Secretary of State against non-determination.
If the applicant has not exercised this right of appeal, and the application remains undetermined after 26 weeks, then the fee paid by the applicant will be refunded to them (unless a longer period for the decision has been agreed).
