Planning site plan now differs from land registry boundary

April 8, 2020 by Jacob Roberts in forum Planning Forum

#702 Jacob Roberts, 8 April 2020, 19:17

We recently obtained full planning permission for a milking parlour to be converted for residential use.

At the time of obtaining the permission all the land surrounding the parlour and a house adjoining it was then under our ownership. A site plan had been drawn up for the purposes of the application, encompassing some of the surrounding land.

We later had to sell the house and some of the land adjacent to the parlour. Some of this sold land was shown on the original site plan that had been included in our planning application.

A new septic tank servicing the parlour had been originally positioned on the land that has since been sold, so a new application was made to re-site the tank onto land to be sold with the parlour and this was accepted by the council as an amendment to the original planning application.

There are also easements in place to allow neighbours to put services under, over and across each others' plots.

Although permission was sought to move the position of the tank, the site plan remains the same as it was in the original application. This plan is obviously now different from the Land Registry plan.

Our solicitor has assured us that the two types of plans are entirely different and that the planning drawings' site plan does not indicate ownership and that the original permission still stands in spite of the planning permission site plans being different from those held by Land Registry.

The last planning permission, to relocate the septic tank onto the land belonging to the parlour, was passed by the council who had full access to the land registry drawings and would have been aware of ownership but they did not highlight this disparity as being important.

There are no infringements onto the land now belonging to the house by the new development.

Does anyone have any knowledge of this and whether we should be putting yet more applications in to alter the site boundary plans to those shown on the land registry plan or does the original historic planning permission still stand?

#722 Damian, 15 June 2020, 20:53

Location, Block and Site Plans although form the basis of the Planning decision, are not and should not be used to determine ownership. A question on the application form asks whether the land to which the application relates is owned by the applicant. It’s not up the Council yo check who owns what as the question on the application form covers them in this respect.

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