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Hello,

If an initial planning application does not state the owners details my (limited) understanding is that the application isn’t valid and a new application should be started with the owner details - Is this correct?

Or is it possible to just add owner details at a later date (as a revised certificate)? And if so, does the application just carry on as was or do all the dates/deadlines start from that new date?

Sorry, pardon?

A Planning application has been submitted and there are no details for the application, agent or on the Ownership Certificate?

A planning application was submitted with no details of the owner. The agent and applicant details were included. (The applicant is not the owner but a prospective buyer).
We pointed out that the owner details were missing and a revised application with the owner details was submitted just over two weeks later.

So was Certificate B submitted but no details (of the owner) initially provided?

The planning application is dated 23 April. The certificate B form was later uploaded to the planning portal and dated 3rd May (also the part of that form that asks when was notice served on the owner says 3rd May even though it is supposed to be done 21 days before the planning application).

I believe that the owner was aware of the planning application BUT I think that being aware isn’t good enough and PROPER notice has to be served.

I have done a little reading and believe that a judicial review wouldn’t necessarily quash any planning decision unless it could be shown that someone had been adversely affected by these errors.

They have been several other ‘errors’ and we believe that the whole application hasn’t been handled correctly but as objectors we have no right to appeal so are wondering whether the certificate B error would be enough to make a legal challenge?

The planning application is dated 23 April. The certificate B form was later uploaded to the planning portal and dated 3rd May (also the part of that form that asks when was notice served on the owner says 3rd May even though it is supposed to be done 21 days before the planning application).

I believe that the owner was aware of the planning application BUT I think that being aware isn’t good enough and PROPER notice has to be served.

I have done a little reading and believe that a judicial review wouldn’t necessarily quash any planning decision unless it could be shown that someone had been adversely affected by these errors.

They have been several other ‘errors’ and we believe that the whole application hasn’t been handled correctly but as objectors we have no right to appeal so are wondering whether the certificate B error would be enough to make a legal challenge?

The application should be validated from the date that all the necessary information was submitted. That sounds like it should be 3rd May.

The Certificates ask who has been an owner for at least 21 days prior to the application being submitted and not 21 days need to have passed before the application can be submitted.

Thanks for replying.

So just to clarify - a new application didn’t need to be submitted with the certificate B form?
I had (mistakenly perhaps) thought that the original application was invalid because the supporting documentation (certificate B form) hadn’t been included at the time of submission.

I had read something on a local council’s (Fenland) website which stated that

“Article 12 of the Town & Country Planning (Development Management) Procedure Order 2010 imposes a requirement that all applications for planning permission must be accompanied by a certificate confirming that either the applicant is the sole owner of the land to which the application relates or that the appropriate notice has been served on any person who is an owner of the land or a tenant.
Section 65(5) of the Town & Country Planning Act 1990 says that a local planning authority shall not “entertain” any application for planning permission where these requirements have not been satisfied.”

And further states

“ If an incorrect ownership is submitted, this cannot be remedied by simply replacing it with a replacement certificate completed at a subsequent date before the application is determined. This is because planning law requires that where any person other than the applicant is the owner of the land then notice has to be give before the making of the application.
Unless the notice has been given before the date when the application is submitted, an applicant could not truthfully or accurately complete an alternative certificate. Therefore, the only way of remedying the situation will be to withdraw the current application and re-submit it after serving of the notice with a new ownership certificate correctly completed. Even if all the actual owners are aware of and support the proposed application, an inaccurate certificate could still enable any third party aggrieved by the grant of planning permission to apply for judicial review to quash the permission if they wished. If the Council becomes aware of a defect in the certificate before the application is determined we will be unable to make a decision on it.”

It would be down to the discretion of the LPA.

Oh dear - not the answer I hoped for but the answer I feared! Thanks for your help though.