Necessary to advertise planning app for shed in local paper?

[SquirrelBoy]

I have an unusual situation where my costs are spiralling but I am just looking to build a shed, within permitted development dimensions, in my garden.

I live in an older property where my garden is 20 metres away along a private access path (the path is used by others). The shed is not for domestic use or anything - just a glorified garden shed really with no services running to it. Because my garden is not 'within the curtilage' of my house as such, I have been told that I need to apply for full planning permission for it (at a cost of £172). I have therefore paid this and submitted plans etc.

Well now I have been told that my 'red line drawing' needs to meet with the nearest road. This would therefore include the shared access path that I do not own. As it turns out, no-one knows who owns it.. been like that for perhaps 160 years or so. Therefore, the planning people now tell me I have to sign certificate D stating that I do not know who owns part of the land on which I am applying for planning. Now, because I have signed section D, I need to advertise the planning application in a local paper at a cost of £280!!

I just can't help feeling this all unnecessary for a garden shed! Around £450 just to apply for permission?!

I have two questions for anyone knowledgable in this area;

Can I advertise the planning application in something that has a smaller circulation than the local county paper? maybe a free paper or smaller local leaflet that is distributed to all the houses in the town?

As a complete alternative, what would be the process for finding out who owns the path and potentially acquiring it? What if no-one owns it - can be 'bought' somehow? I have checked all neighbouring site plans on land registry - it doesnt appear on any of them although a right of way along it is in all the neighbouring properties deeds etc.

thanks in advance!

 

[^woody^]

Dont sign section D (withdraw it). Put a blue line around the path. Save your money.

 

[SquirrelBoy]

Thanks for your response - I think a blue line pertains to other land that I own? Unfortunately, they already know I don't own the path and is in fact the only reason why I need to apply for planning permission in the first place - because my garden is separated from my house by land that I don't own.

 

[motorbiking]

You have an easement over the land. Right to pass and repass - what do your deeds say about the land? Have you searched the land registry of your neighbours? it might be cheaper to trace the owner.

 

[SquirrelBoy]

The deeds do highlight the path and say that I can pass and repass over it, as can my neighbours, but it does not state who owns it. None of my neighbours own it and they don't know who owns it either. I have downloaded the title plans for all my neighbours - the path is not included on any plans. I have put some feelers out with older members of the community who may be able to shed some light on it. You are right in saying that it would be easier and cheaper to locate the owner of the land. But I'm not sure what else to try - can the land registry do some kind of search?

 

[^woody^]

blue line pertains to other land that I own?

Have an interest in or control over, which are different to ownership.

 

[^woody^]

Btw, I've always thought that putting a notice on a fench or lamppost satisfies the public notice criteria.

 

[SquirrelBoy]

They told me that the red line drawing has to reach to the nearest road so I don't think I can do the path in blue but I will look into that further thanks. As for the public notice - I have the notice stuck on a drainpipe outside, but its because I do not know the owner of the path. It seems to be a super-diligent thing where they seek to notify as many people as possible in case someone suddenly remembers they own the path and then has some issue with my shed. Both of which are so highly unlikely that I really dont want to spend £280 proving myself right. My planning officer sent over the bit in the legislation - it states it must be advertised in a local newspaper. I am thinking it would be cheaper to produce my own (just the one edition) with all my news in it and distribute it around town. At the moment, I am going to so a SIM search with the land registry where they manually search their map which cant be done online as such - with the view to discovering the owner and thus negating the need to advertise in local paper

 

[motorbiking]

what a blimim faf.. 90% would have just errected the shed and waited to see if anyone complained. I recall applying for planning a few years ago to change the mix of wall and fence on my front garden. Loads of consultation with highways, planning etc.. only to be told no. My neighbour just went ahead and did similar on his front and nobody did anything.

 

[nickjb]

90% would have just errected the shed and waited to see if anyone complained.

I think I would still consider this option. What about seeing if local newspaper want to run it as a story? Would almost make the headlines in our local rag and they generally like having a dig at council red tape. Gets you a free advert.