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Planning application for land adjacent to ours but council think it belongs to someone else.

6 replies

angstinabaggyjumper · 14/03/2018 14:57

I have just seen a planning application to knock down a derelict barn and build two new houses on land adjacent to the house next door.
The problem is that our land runs across the bottom of the property next door so is also adjacent to the land with the planning application.
The council seem to be unaware of this. Can someone please tell me what are the consequences of not telling the council or should I tell them?

OP posts:
Seeline · 14/03/2018 15:04

I don't quite understand what you are asking?
Do you own some of the land included in the application? If so you should have been served notice by the applicants prior to the application being made, so yes speak to the Council.
Or are you concerned that the Council haven't notified you of the application? If this is the case, most councils no longer write to adjoining owners - just put a site notice up on/near the application site. You can still write to the Council if you have objections to the proposal even if you haven't had a formal letter.

angstinabaggyjumper · 14/03/2018 15:14

I'll put it another way: Our council do notify adjoining parties (maybe because it's a conservation area). We own some of the land adjacent to the application but the council are unaware that we own it because a) they haven't notified us and b) on their map we are not identified as owning the land adjacent it looks like it belongs to our neighbours or no one (Land Registry are aware it's ours).
Is there any reason why I should bother myself to tell the council they are wrong or can I just leave it?

OP posts:
angstinabaggyjumper · 14/03/2018 15:15

Oddly, the owner of the planning application land knows it's ours because we asked his permission to cut some ivy and erect a fence and he came to have a look.

OP posts:
Seeline · 14/03/2018 15:21

Councils will only notify postal addresses - are you saying that you own a piece of land that is not attached to your residential property?
If that is the case, then the Council won't know who owns it. If it is part of your residential plot, then it would be worth telling the Council that you weren't notified.

You could inform the Council that you own the land, and ask to be kept informed of any further applications on the land - they might be able to do that.

As I said though - anyone can comment on an application whether they have been notified of it or not (or whether they adjoin the land or not).

DancingLedge · 14/03/2018 15:25

I'd contact them, with the evidence that it's mine, and ask for that to be noted.
I'd do this even if it was irrelevant to the planning application, because it's just best to be clear who owns what. Things that go unchallenged, because they didn't seem important at the time, can , with hindsight, have played a role in someone's perception of a situation. When it's a question of who owns which bit of land, allowing people in general to persist in the wrong perception can be a very bad idea.

When you say " their map" whose map? The council or the applicant?

I would be informing the people who are shown as owning it of the mistake. In a friendly, calm letter, including my evidence. ( Print off of the plan of what you own , from the Land Registry, £3)

All this really for the sake of clarity, and the avoidance of future problems.

Ariela · 14/03/2018 15:29

The council is supposed to notify you of planning on adjacent property. However if they don't know who owns the land or, in our case, it is a completely different postcode the the land with the planning application, then they may well assume there is nobody to notify - in our case we had a shared boundary of about 200-330ft, but they assumed it was just empty land because it was another postcode eg EX5 and EX10 for example. WEe've tried asking the council to notify us (every planning attempt we state they failed to notify us...as well as separate letters, visiting the council and saking a note to be put on file), but it doesn't work. I just now make a habit of trawling the applications every pay day.

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