CERTIFICATE OF OWNERSHIP- A or B

[Diggory]

Hi Forum,

Grateful of some advice please re my Householder Planning Application.
I’m about 90% done using the Planning Portal - it’s not been too bad at all.
Then I got to the very last section/ last question - CERTIFICATION.
First pass - thought easy; I own it so it’s a simple Certificate A, then I started to doubt myself……..

Because my Site Plan / Location Plan ‘Red Edging’ includes my access to the road and I don’t own that, should I use Certificate B.
If I do, it’s a real pain as it talks about serving a notice 21 days before submitting my application - and prices all go up in May.
And top it all; the council that I’m applying to for permission also own the access road, so ‘serving notice’ makes little sense.
it’s a sole access - the access only goes to me; my application doesn’t change existing access or parking.

I be grateful some advice - should I crack on Certificate A or use Certificate B / wait 21 days.

Thanks in Advance D

 

[Mottie]

Sorry!

 

[blup]

You have to serve the council as freehold landowner, you may think it’s irrelevant to your development but they are in no different a position than a neighbour over whose land you applied for planning

Blup

 

[Diggory]

Thanks Blup.

So looks like you think I need to raise Certificate B.
As I’m ‘serving notice’ to same council that I’m applying to - do I really need to do it separately and 21 days in advance.
Could I not just attach the notice form to the application with my plans - do it once.
I guess the 21 days gives a recipient time to object - if the council wants to ‘object’ they’ll do that by saying no.

Thanks again D

 

[blup]

No, you need to send notice to the council as landowner not the council as planning authority. They will have an estates team, unless this has been externalised.

Blup

 

[mrrusty]

Why does your site plan include your access and land you don't own? The right to access is a right to access. If that right extends to the whole of the land you intend to build on, then it is a right of access that cannot be easily extinguished. Surely the planning application should be constrained to the land you own. The right of access will be a matter of fact that cannot be changed by a planning decision, nor should it influence a planning decision other than to the extent that the physicality of the access may or may not be suitable to support the development - something you can't change as you don't own it.

I have skin in this game as I own a right of access to a property that has been subject to PP, and as the right of access extends to the whole dominant site, there is nothing I could do, even if I wanted to.

 

[jeds]

It is a requirement of a planning application to include a red line around all land relating to the application, and that includes access land to the highway. If you don't own all the land included within the red line you should complete certificate B.

 

[mrrusty]

It is a requirement of a planning application to include a red line around all land relating to the application, and that includes access land to the highway. If you don't own all the land included within the red line you should complete certificate B.

I can say with certainty that a recent planning permission that was passed for a site that requires access over access we own did not involve us being notified. This was an application to split a plot accessed over the track we own, to build a new house on an existing space. The access granted in the title did not prohibit splitting the plot. We were far enough away not to be notified as a direct neighbour.

 

[Diggory]

Thank you all for taking time to reply - it has helped.
To answer one question above ‘Why does your site plan include………’
I asked the same and was advised (as per Jed’s post) applications should include a red line around all land relating to the application.

Also - I think I misunderstood the ‘21days’.
I don’t have to serve notice 21 days in advance.
I need to confirm I’ve served notice to persons that I know owned the land in last 21 days.

D