Planning Consent for land you don't own

February 19, 2019 by D Nolan in forum Planning Forum

#622 D Nolan, 19 February 2019, 08:16

Hi, My neighbour has submitted a planning application to remove gates which we both own within a road where we have a right of servitude. He has also submitted a planning application to widen the road to my property which I own. In both instances he has failed to inform me that he has formally submitted the Planning Applications to the Council Planning Authority although he has submitted a declaration that he is the owner of the gates and the road. I have informed the Council Planning Authority that he is not the owner and that he has submitted a false declaration. I have also submitted documents that confirm that I am the owner of the road and part owner of the gates. The Council have formally written to me to say that even though we have informed them of this and they have accepted a false declaration of ownership they still will proceed with the application. Is there any action I can take against the Council or my neighbour.

#623 Andy, 19 February 2019, 10:12

This is a tricky one.

Planning portal states: You don't actually need to own land to apply for planning permission for it. This means you can apply for permission before deciding whether or not to buy a piece of land.

Now, this is actually news to me but interesting for future reference.

However, it also states that: The owner or all the part-owner/s (if you are not the full owner) must be informed.

As you have not been informed there is a potential breach here, my advice would be to seek professional help.

If it were me, I would make a very strong objection when the planning application is submitted, detailing the fact that as part owner you do not want the planning application to be approved. The planners might look at this and refuse the applicvation; steering clear of any potential future legal issues.

Keep us posted on this and good luck.

#648 Rw, 15 July 2019, 16:02

Could someone please help me... I have found out that a local tree surgeon applied to the local planning authority to prune one of the trees in my garden which was overhanging a neighbours garden. We are in a conservation area so planning permission is required. He submitted the application claiming, falsely, to be my agent so I received no communication whatsoever from the local authority about this. The first I knew was when I found his men in my garden. What recourse , if any, do I have against this man, and what section of any planning act protects me from further acts like this? Thanks

Reply to topic

All HTML, except <i>, <b>, <u> will require your topic to be moderated before it is publicly displayed.

Your Name:
Your Email Address:

Your Email Address will not be made public.
Topic Content:

Return to topic list | Return to forum list

The Partner Directory

Click on the logos below to find more about the services offered

Advertise here