Q&As

If planning permission was granted several years ago in respect of land in two different ownerships, and the owners of part of the land to which the permission relates were not informed of the application, is there a mechanism to prevent the development proceeding? Development has commenced under the planning permission.

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Published on LexisPSL on 18/03/2019

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • If planning permission was granted several years ago in respect of land in two different ownerships, and the owners of part of the land to which the permission relates were not informed of the application, is there a mechanism to prevent the development proceeding? Development has commenced under the planning permission.

If planning permission was granted several years ago in respect of land in two different ownerships, and the owners of part of the land to which the permission relates were not informed of the application, is there a mechanism to prevent the development proceeding? Development has commenced under the planning permission.

It is unlikely that a court will prevent the development continuing based on any planning law principles. There might be a remedy in land law but we have not considered any such remedies for the purposes of this Q&A.

Section 65 of the Town and Country Planning Act 1990 (TCPA 1990) provides for regulations to be made regarding ownership certificates to accompany planning applications. Those regulations were made in the form of the:

  1. Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 which apply in England, and

  2. the Town and Country

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