Can they???

The decision is but the builder building there would not be.

The council dont give a hoot who owns the land, for all they know the builder may have an agreement with the land owner - they are just concerned with the PP.
 
Although building regs are the subject of this thread I would rather it was opened to general discussion.
Imagine the scenario where a builder purchases a piece of land and to maximise the number of houses he can build, he submits plans which show that the development goes a couple of metres beyond the existing site boundary. The council approves the plans. Is that decision legal?

No, the council isn't the Land Registry, which holds the records for the title of the land (oddly enough)
 
We are in a position at the moment where a builder is trying to buy some land off my FIL to build a 3 bed bungalow.
FIL agreed in principle the amount of land so builder could see if he could get PP. He submitted application and, by this time we had got involved because poor old fella is a bit senile at times, so we got a copy of the application. The land FIL is agreeing to sell starts 900mm from the rear of his garage which is actually in his back garden but once sold the builder will have to open an entrance from the lane at the side. On the application the architect has drawn the 'available' land as also including the land beside the garage, with the boundary being at the front of the garage, giving the impression the land is L shaped when it is not. We have now forced them to change the plans so the boundary starts 900mm from behind the garage so FIL can still maintain the outer structure. This of course has reduced the land available, to what it should have been originally, meaning they will be pushed to get a 2 bed bungalow on there and comply with the current rules of 2 car driveway without reversing out into the lane, storage for 3 standard sized refuse containers, (wheelie bins), and an adequate garden area. They will also have to erect suitable 'Bat Boxes' and various other environmental issues.
As my wife has POA for FIL's affairs the builders cannot even 'sneeze' now without letting us know what they intend to do before doing it. If we hadn't got involved FIL would have accepted £5k for the piece of land with a 30% share of the profit after the house was sold and been happy. The latest offer, after we strongly objected, was for a minimum of £50k solely for the land. After our own independent valuation we have been told not to settle for less than £65k for the land only and don't get involved with any profit sharing because it's amazing how 'little profit' the builder makes on the first sale.
Valuer told us, (off record), a builder will sell the house to a 'third party' at a knock down price because he has cash flow problems. The buyer then puts it back on the market at a true value and makes a sale and both seller and builder suddenly have nice bank accounts again.
 
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