Do I Need Planning Permission.co.uk
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"Interestingly, you do not have to be the owner of the land in order to make a planning application. If you are not the owner, you will have to inform that person of your intention to submit an application". (planning information, the application).

If you are able to obtain planning permission on land which does not belong to you, with the owners consent, who owns the planning permission? e.g. if permission is granted could the land owner sell up to someone else even though YOU have paid for the application?

You do not need the owner's consent, you just need to serve the appropriate notice on them. Permission relates to the land rather than the applicant or owner, therefore anyone could implement it.

Hi.
I find myself in an unforeseen predicament.
I have a large garden which extends to the side of my semi-detached bungalow.
I have planning permission for a split level 3 bed house to be built to the side.
A builder has agreed a price for this land to the side of my bungalow.
There is woodland to the side and rear of the proposed new build.
However, it seems my boundary is not the same as shows at the land registry. It is smaller and apparently the council own part of it.
The fence around my boundary has existed for approximately 30 years. I once asked the council to trim a tree which was hanging over my fence and they said it was not their land, so presumably they acquired it some time afterwards.
The builder will probably now walk away unless something can be resolved.
Do I have any rights in these circumstances?
If not, do you think the council would sell me the disputed area? and if so, would it be a long drawn out procedure? Planning permission runs out in a few months.
I would appreciate your help and advice.
Kind regards,
John Mackie

Hi if you have maintained that land for over 7 years with out anyone else trying to claim it in that time, you can claim it as yours ,you should contact land registry and a solicitor to register the land in question ,
Hope that helps

Hi

I have a dispute with my neighbour who has been given planning permission without identifying any boundaries.

The Council gave him permission to remove a hedge which they said was a boundary without realising it was my boundary. My neighbour has subsequently built across the boundary onto my land which is by the side of my house. On complaining to the council they have said it is a civil case for trespass and it was the applicants responsibility to have checked the boundary conditions. What recourse do I have if any to get my land back. I've been living in my property for 27 years and my neighbour for 4 yrs

Mike

We understand that anyone can apply for planning on anyone else's land however can they use the owners name without their permission?

Hi can I apply for planning permission on my father in laws land if there is a tie on the property which runs out in a couple of years.

Message to Mike Attfield

Did you resolve the issue with your neighbour building over your boundary?

Hi
I have been negotiating with a letting agency to get a premises and we verbally agreed terms and on paper plus I was waiting on the lease contract from the letting agency, however I gave them (the agency and landlord) notice of my intentions to apply for planning permission and it has come through but they have rented the premises to another applicant. Is the other applicant allowed to use my planning permission?

I have sold part of my gardens to a builder who has applied for planning permission for some houses
However part of his application is on my land that I have not sold to him
Will the Council pass this
What should I do as when I mentioned this to him he did not get his architect to change the plans and resubmit them correctly
Thanks

Hi,

My understanding is that the Local Authority may grant PP, if they are willing for the development to take place.

They have no interest in who owns the lands, or who carries out the development.

So yes, if you obtain PP to develop someone else's land, the least they should do is to say "Thank you!" for increasing the value of their land.

602

<<< However part of his application is on my land that I have not sold to him >>>

Hi,

When selling part of your land, it would be sensible to erect your own fence so that you know where the boundary is, and the buyer can see where it is. Also, take out Legal Assistance insurance BEFORE selling the land. The developer probably already has this insurance, so you pay your barrister, while he gets his for free.

Did your contract include accurate dimensions from fixed points?

Taking boundary disputes to court can cost several tens of thousands of pounds, with no guarantee that the Judges will make a sensible decision, nor award costs the way you think they should. The court costs can out-weigh the value of the land in contention.

Your trump card, if the developer wishes to sell the house(s), is that there is a DISPUTE, which will make his house(s) difficult to sell.

602

My father (85 years old) has a workshop which was sold to him with a parking bay at the back of a yard. He has deeds and has accessed the yard for 30+.years He also put fencing up and it's clearly viable on council maps. However he has been approach by unknown people pushing him to sell and now the council have approved plans to build on 1/2 of his parking. The fencing marking out his bay has been removed and the locks to the yard changed.
I had to alert planning officer to the fact that my father owned a small piece of land to their 1st reject application. So the outline drawing was changed but the block/plots layout was not? . I think that the drawings are misleading and the process is encouraging the applicant to bully my father. What do you recommend please?

If l build a house on a farm that is being left to me will I have to pay inheritance tax on the house when it's all in my name

We have land in the family which is two thirds owned by family members who's wish it is to develop the land, and one third non-family owner who does not. If we the consenting two third owners apply for planning permission, can the one third owner stop us from doing so?

A national developer has applied for permission to build 97 homes on a field owned by our neighbors. The watercourse between our properties is very relevant to the application and in the documents they claim that the ditch is "under their control" It isn't. Its ours (nothing definitive on land registry as they are just two fields but we have written evidence from owner saying it's not his but our responsibility) we have maintained it in recent years and annual correspondence between us makes it clear it's ours. He seems to have "forgotten' all this!! We have not been served any notice by the developer that they are applying for permission on our land & as previously they incorrectly state that the ditch is controlled by them. Is this an offence? Will the local authority refuse to determine with this lie. Who should we advise. The planning or the legal department.

We have lived on a farm for nearly 20years and around 8years ago developers either side of us put in planning applications to build new homes, 850 one side and around 450 on the other side including a main distributor road across our field joining the various developments together .My husband has worked so hard over the years and was looking forward to retirement at our small farm, which is only 4 acres. Our local council have been a nightmare to be honest and fully support developers. What are our rights? Surely the infrastructure must be secured by all parties before these developers can continue! This hasn’t been the case here. For the last 8 years our lives have been in turmoil.

My sons girlfriend is trying for planning permission in her name to build a studio in his garden what rights does she have if they separate.?
Does she have the right of way to the shed as she is paying for the build.

Regards Janet

The PP remains with the property and not the person. Rights of way/access are more of a legal than Planning concern.

A family farm was left to 4 children each to have a quarter share.
It was decided by all 4 to form a limited company with a view to renting the main farmhouse out and land.
Two of the four live on the farm in a semi-detached barn. Which they purchased when their mother was still living. After she died they had the deeds changed with the land registry to show this and unbeknown to the other two they also included other barns and a large yard.
They have now applied to convert a barn into two houses, which has been granted and work has already
started.
Can they just change the deeds as they have done?

That is more of a legal question, than Planning.

land next to me.havent seen owners in 20 years.have mantained land 25 years

Ok, so...!?!

I have been asked if I'd be interested in purchasing a piece of land under an option agreement, whereby if I get the planning permission, I can buy said land or sell it on to developers within a fixed timeframe. If for whatever reason I pay for the planning and am unable to buy the land at the end of the term or am unable to sell it, what happens to the planning I have obtained? Do I own the rights or do they default to the original landowner? Is there a way to safeguard my position so that if I obtain the planning it's mine for the duration of the planning lifecycle versus the option agreement term?

But it will not be your land, so don’t know how you could reserve the right to control the Planning situation until a time you see right.

However, I’m sure there would be time limits allocated to any agreement so if you don’t stick to those, then it’s no longer yours to do anything with.

When applying for planning permission on a property with a mortgage, do I need to list the bank as an owner and serve notice to them?

It would depend on what you’re proposing. There is no requirement when it comes to residential extensions, conversions and alterations. There is a requirement when it comes to new residential dwellings where the LPA require you to enter into a legal agreement.

Can I object to planning on land that is part owned by me and then remove the objection when/ if the developer pays me a agreed price for my share of the land in question ? Do hope someone can help as this is a last ditch attempt to make the developer compensate me ...

You may be able to withdraw your objection if the Planning application is live/pending. I wouldn’t have thought you’d have the same opportunity once the Planning application has been determined.

Can someone put in a planning application in using one name (when they do not own the land)...

...and then get the land transferred into their name under a different name 10 months later having gotten permission from council.

e.g. can the person applying for planning permission in one name BLACKWELL STEADINGS (the property) take ownership 10m later of the same property but register it in a different name e.g. BLACWELL BARNS o nthe land register. Curious. TY.

Can someone put in a planning application in using one name (when they do not own the land)...

...and then get the land transferred into their name under a different name 10 months later having gotten permission from council.

e.g. can the person applying for planning permission in one name BLACKWELL STEADINGS (the property) take ownership 10m later of the same property but register it in a different name e.g. BLACWELL BARNS o nthe land register. Curious. TY.

Sorry forgot to say and if the terms of the transfer of ownership did not permit renting out or letting of property and that was not revealed to the council as part of original application (lack of transparency) - can this new evidence be introduced so late after a decision had been made> TY

You don’t have to be the owner in order to submit a Planning application for that particular property or site. But notice does need to be served on the owner(s).

Planning stays with the property/site and not the owner.

Depending on the proposals and if there are any legal agreements, those should match the owner or those interested in developing the land.

Any comments or objections would need to be submitted during the determination period. Approvals including conditions attached to such cannot be modified once issued.

I've managed to obtain planning permission for an entrance gate. The land on which we are building is part owned by me and is a right of way. I've been maintaining this land for over 20 years, the co owner now has a problem with the development, should I be worried? Notice was not given directly to the co owner, planning application was on display as a site notice for months along with newspaper advertisement. Thanks in advance!

So on the application form, you had completed Certificate A and not Certificate B?

A developer has got full planning permission for housing development of 150 houses. It is an old mostly derelict housing estate with a few houses still occupied. The developer owns all the land a old derelict houses other than the ones owned by those who live there. The permission is to demo and rebuild the entire site. Is this possible without the agreement of those who own their homes? If no agreeement can be reached will they just have to adjust their plans to exclude the land they don't own?

For any part of the site/land the applicant does not own, the developer would have had to serve notice on those owners. If they do not serve notice or the owners object, then Planning is refused and/or invalid.

Yes I received notification and didn't object as the area clearly needs to be demolished and rebuilt and it was difficult to have true planning objections. Planning app now approved and developer is applying for warrants to demo remaining properties but not communicating with owners. Should I be worried? I am hoping that they will have to communicate soon. It seems odd that they have planning permission and appear to be going to start despite not owning all the land.

They cannot just demolish houses of which they don’t own. They may be looking at it in phases.

I have just received information from a friend that my local council is compiling a local plan for development in the next few years. I have a piece of land that they have highlighted as part of that development. I have not received any notification of their intention. It appears that anyone can apply for planning permission and I can only assume that this has happened to my land. Other plots of land next to mine have also been highlighted. What action am I able to take to protect my ownership

A neighbour to my late mother-in-laws property has breached his original planning application by removing a section of the roof and building his new roof across the property boundary - in affect creating a 'flying freehold'. In addition he is using the guttering of our property and our roof for rainwater run off/drainage. I reported this to enforcement. I have now been told he is applying for retrospective planning for this infringement. Is it allowed for a council planning committee/department to consider such an application when it infringes private freehold? Secondly, I would have thought that in law only we can approve/accept such incursion as it will create a perpetual incumbent on future owners

A neighbour to my late mother-in-laws property has breached his original planning application by removing a section of the roof and building his new roof across the property boundary - in affect creating a 'flying freehold'. In addition he is using the guttering of our property and our roof for rainwater run off/drainage. I reported this to enforcement. I have now been told he is applying for retrospective planning for this infringement. Is it allowed for a council planning committee/department to consider such an application when it infringes private freehold? Secondly, I would have thought that in law only we can approve/accept such incursion as it will create a perpetual incumbent on future owners

If any part of the proposals oversail the boundary, they should serve that neighbour with a copy of Notice 1 and have made sure they completed Certificate B on the application form. Otherwise, the information they have provided on the application form is false and Planning can be refused.

Building on/using private land

I, along with my neighbours rent our gardens from a local landowner. The landowner also owns adjoining fields and other land in the area.

Recently, a new neighbour (who moved in just over a year ago) has begun making use of the field. They have used weed killer in the field beyond their garden and two others (on more than one occasion), they have placed a seat outside directly in front of a neighbours garden, facing towards the garden (my neighbour is not comfortable with this). They have planted several trees in the field and apparently have plans to plant more. One of them has always wanted their 'own arboretum'. We have asked if they have permission but they have not given a straight answer.

Now they are building a plinth/mini patio to put the seat on. A rectangular trench has been dug, large stones cemented in and a low (?) rectangular wall is being constructed as it is their intention to add flag stones on top. Currently it appears to be approximately 3m x1.5m.

They have said they are doing this for all the neighbours (despite never talking to us about it) and have been 'watching us' for 10 months. We have explained that we do not want these things, that is not our land and that they need permission to build from the landowner. Residents have previously asked about buying their gardens and the field and the landowner's response was 'no' as they did not want anyone building on the land.

The neighbours who are building in the field say that the landowner does not care/is not bothered.

When asked why they wanted it outside a neighbour's garden, they said it is where they are having the seat and will not move it outside their own property as their is dog mess there. There are two dog owners who use the field and they are one of them. One neighbour has told me they do not pick up after their own dogs.

We did ask that they remove it and at first one of them agreed - for which we thanked them. There was then a rapid change of mind and I was told it was nothing to do with me. When asked if they had permission, they would not say.

Other neighbours that are not happy about the situation are worried that this is just the start of their plans for the field. Some neighbours are worried that if we inform the landowner, we may all end up losing the gardens that we rent, if the landlord does not want to deal with the issue as we have nothing in writing, no written contracts relating to renting our gardens or use of the field. We simply pay a small amount of rent every year.

Some of the neighbours are elderly and others have lived here for nearly 30 years. We have never had any issues before and everyone has always got along with everyone over the years.


We are assuming we need to contact the landowner rather than the council to find out whether they have planning (as they will not tell us)?

If they have Planning, you can view that on your Council’s website.

If you think they may need Planning, then get in contact with your Council’s Planning Enforcement team.

At the same time, somebody needs to get in contact with the land owner as it sounds like more a legal than Planning issue.

What happens in the event of a planning application has been made on behalf of developers who do not own the land and they failed to inform the owner of the planning application

The “owner” of the Planning application is the applicant. The applicant does not have to be the owner of the land in order to submit an application. If they are not the sole owner of all the land in question, they would need to or make as much reasonable efforts to notify those persons. Should they not, then the application would technically be invalid.