Q&As

Where planning permission has been granted for an extension to a house, does the fact that the red line plan accompanying the permission encroaches onto neighbouring land by mistake invalidate the permission?

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Published on LexisPSL on 06/08/2018

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

  • Where planning permission has been granted for an extension to a house, does the fact that the red line plan accompanying the permission encroaches onto neighbouring land by mistake invalidate the permission?

Where planning permission has been granted for an extension to a house, does the fact that the red line plan accompanying the permission encroaches onto neighbouring land by mistake invalidate the permission?

It is an established principle of planning law that any person can apply for planning permission for the development of land, irrespective of whether they have an interest in the land to which the application relates.

However, regulation 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (the DMPO), SI 2015/595 provides that the applicant for planning permission must give requisite notice of the application to any person who is the owner of land to which the application relates (other than the applicant itself). Where that owner is unknown, a notice in a local newspaper must be given. When submitting the application for planning permission to the local planning authority (LPA), DMPO, SI 2015/595, reg 14 requires the applicant to certify that it has complied with the notice requirements. In this case, the

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