Planning application during divorce proceedings.

[albert]

I have some extremely unlucky circumstances and wanted to know if a planning application on my jointly owned property can be lodged with out my knowledge and or consent.  I am expecting a variation of condition application and I am concerned it could go unnoticed or not require a planning notice . ( I do not want  the condition varied as it will devalue the property) . Is there anything I can do to make sure I am made aware. Thanks in advance. A 

[Susie]

Are you still at the residence if so when it starts to go through you will get an another notice to display at the road side. 
you can also register an account with your planning council online so that for any matching postcode you get an alert. This may be different for different councils. 
other than that diarise that you manually check every week with the online planning of your council. 
 

[Mike]

  On 23/11/2023 at 17:35, albert said:

wanted to know if a planning application on my jointly owned property can be lodged with out my knowledge and or consent

Expand  

Unless I've missed a change, the situation is that anyone can apply for planning on any land, whether they own it or not, no consent required. So yes.

[DevilDamo]

The applicant should sign Certificate B and serve notice on you. This is used where the applicant doesn’t own all the land the proposal relates to and knows the names of those other owners.

[DevilDamo]

  On 23/11/2023 at 17:42, Mike said:

Unless I've missed a change, the situation is that anyone can apply for planning on any land, whether they own it or not, no consent required. So yes.

Expand  

That has never been the case.

[albert]

  On 23/11/2023 at 18:24, DevilDamo said:

The applicant should sign Certificate B and serve notice on you. This is used where the applicant doesn’t own all the land the proposal relates to and knows the names of those other owners.

Expand  

Thank you . I don't live at the the property right now, is variation of a condition a full application requiring displaying of a sign? 

[DevilDamo]

A VoC application would usually involve neighbours being notified along with a site notice being put up. However, the Certificate B element would actually only apply on a Full Planning application.

 

You could just object once you see the notice or are alerted via the Planning alert (as Susie mentioned). Otherwise, if you just check the website weekly, that’ll be enough.

[albert]

Thanks.  As always great info.

 

[saveasteading]

  On 23/11/2023 at 18:25, DevilDamo said:

has never been the case.

Expand  

I believe it has,  and would have messaged had I not seen it said already.

Neither do you need permission to start work, but may be  made to demolish again.

 

I suggest a letter to the planning officer, explaining the circumstances and requesting being advised at all stages.  Sending by special delivery gets you proof of receipt, or hand the letter over to reception and get a receipt.

[Blooda]

  On 23/11/2023 at 22:42, saveasteading said:

I believe it has,  and would have messaged had I not seen it said already.

Neither do you need permission to start work, but may be  made to demolish again.

Expand  

Correct no need to own the land to apply for planning permission, and there is a process even if you don't know who owns the land, for publication in the local paper:-

 

notice2.pdf (planningportal.co.uk)

 

Correct again, you don't need planning permission to start [albeit at risk], hence the retrospective planning permission process.

[DevilDamo]

@saveasteading It has what? You cannot just apply for Planning on somebody else’s land without informing or notifying them.

 

@Blooda Correct. You don’t need to “own” the land but you do need to service notice/notify those who do own it. The type of Certificate depends on the applicant knowing the names of the owners.

[saveasteading]

  On 24/11/2023 at 14:15, DevilDamo said:

You cannot just apply for Planning on somebody else’s land without informing or notifying them.

Expand  

Glad to hear it. Can you show where that is confirmed?

[Galileo]

"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."

 

https://www.planningportal.co.uk/planning/planning-applications/how-to-apply/who-can-apply

[DevilDamo]

  On 24/11/2023 at 14:43, saveasteading said:

Glad to hear it. Can you show where that is confirmed?

Expand  

As per @Galileo’s link.

[saveasteading]

OK, thanks  We are all correct.

Anyone can apply for planning permission. 

You have to inform the owner.

The application proceeds whether or not they comment or approve.

 

[ProDave]

  On 24/11/2023 at 18:50, saveasteading said:

OK, thanks  We are all correct.

Anyone can apply for planning permission. 

You have to inform the owner.

The application proceeds whether or not they comment or approve.

 

Expand  

I used that to obtain planning in principle before I bought our present plot.  With the agreement of the owner but I still had to serve the correct notice to him.  Once PIP was granted we completed the purchase of the plot.