Q&As

When considering a planning application, should the local planning authority give any consideration to a claim for adverse possession over land within the planning application site or that may be needed for access to it? In these circumstances, what are the planning implications of an adverse possession claim succeeding?

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Published on LexisPSL on 14/04/2021

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

  • When considering a planning application, should the local planning authority give any consideration to a claim for adverse possession over land within the planning application site or that may be needed for access to it? In these circumstances, what are the planning implications of an adverse possession claim succeeding?

You have asked: When considering a planning application, should the local planning authority give any consideration to a claim for adverse possession over land within the planning application site or that may be needed for access to it? In these circumstances, what are the planning implications of an adverse possession claim succeeding?

Land ownership issues are rarely material to the question of whether or not planning permission should be granted.

Provided that notice of a planning application is

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