Incorrrectly defined location plan. applicant has included boundarys and land not in their ownership or control.

[albert]

I have an issue regarding a large application where the aplicant has applied for 5 dwelling but has  included in his applicatioion land that belongs to me and others, my question is  should the application be withdrawn on this bassis? or can I request that is withdrawn  with the planners. LR records clearly show seperate owership and titles. 

The applicant has also included land that he has a right of way over but is not in his ownership, again should this be included in the Location , block plans , drainage plans and Enviromental report ?

 

Many thanks in advance 

 

A

[LnP]

Same thing happened to me, but on a much smaller scale. My neighbour submitted a planning application for an extension to his house which was partly over the boundary onto my side. I approached him and told him he was mistaken about the boundary position. I lodged an objection but it didn't make any difference and he got his planning permission. You don't have to own land to get planning permission on it. What followed was a boundary dispute with my neighbour. He ended up building his extension keeping to the boundary as I saw it and paying my legal expenses for the dispute which lasted 6 years and went to court. I won, but it was a right pain in the proverbial and quite stressful.

My advice would be to talk to the applicant about the issues and let him know he's going to have a fight on his hands. You can lodge an objection with the LA but I don't think it will make any difference apart from making your position publicly clear.

Btw, my legal action against my neighbour was supported by my house insurance. I'd taken the legal cover option on the policy, best £25 I ever spent.

[IanR]

37 minutes ago, albert said:

 my question is  should the application be withdrawn on this bassis? or can I request that is withdrawn  with the planners. LR records clearly show seperate owership and titles. 

 

It is now mandatory that the land owner is notified if someone else submits an application for land they own and an Ownership Certificate should be submitted with the application, confirming the appropriate notice has been served. It's an offence to complete a "false or misleading" Certificate. Without an Ownership Certificate the application is invalid and should not be determined by the LPA

 

https://www.gov.uk/guidance/making-an-application#Ownership-Certificate-and-Agricultural-Land-Declaration

Object on the basis of the missing or false land ownership certificate.

Edited February 7 by IanR

[ETC]

Irrespective of where the applicant has drawn the red line you OWN the land and the work cannot go ahead without you either giving consent or selling the land.

 

If the application gets approval you will have the upper hand and may be laughing all the way to the bank!

[albert]

Thankyou everyone ...  as ever solid advice  Thankyou.