What is a " Notice 1".Does it carry any weight

[Haradan]

Can any clever person tell me what a Notice 1 is .

And

If you receive a Notice 1 will your comments ( support for or objection to) on a planning application sent via this form carry more weight with the planning officers than other comments ?

Thanks

 

[tony1851]

No, your comments will be treated in just the same as any other comments received in writing, which in practice means that the planning officer dealing with it will make his/her own mind up regardless.

 

[cjard]

That's only because members of the public write in with **** objections that have zero relevance in terms of material planning considerations

"Mr Jones shouldn't be allowed to build his extension because his kids are are little snots and I don't like the colour of the tiles he's proposing. Also he carries on washing his car when there's a hosepipe ban on"

 

[luisdesign]

The notice is served when the person making the application is not the owner of the land, or if you owned the land, or had an interest in the land until very recently.

Your comments will have no additional weight because of the notice.

 

[Haradan]

Thanks Luisdesign...do you happen to know to whom they should go? Is it just to landowners included in the plan ( along or within the red line) or landowners within 50 m of the site / red line. I have been told both, but only one can be right I think?

 

[luisdesign]

I assume it is you that is making the application!?

The notice only needs to be served if you need to fill out certificate B and or C for the application. It goes to anyone who is an owner (of the application site) or was an owner within the last 21days or has a leasehold interest with at least 7 years left.

It should also be served on any agricultural tenants of any part of the application site.

In all cases, only for those relating to the actual application site.

 

[Haradan]

No , I'm not the applicant.....i part own the driveway which the applicant ( who is not an owner ) wants to use to access their site. The drive is owned by several properties and is held on our behalf by two trustees. They have had some form of notifucation recently, but not the owners themselves. The original app omitted our drive from their plan, so the clock was stopped yntil they had amended and completed cert B and served copies of notice 1 on all necessary parties. I wondered if I shpukd receive one , either :
As one of owners of drive
As owner of property ( house) within 50 m of the red line

Phew!

 

[luisdesign]

As the drive is held on your behalf by another then it might be likely that the applicant was simply not aware that there are "other" owners which is why you didn't receive one yourself.

I believe that notifying a trustee or managing company is sufficient as in both cases they are custodians of the land and would need to pass on notification to the respective owners.

The aim is so that you can be notified even if you are not necessarily present at or near the site (and so might otherwise not be made aware)

The important thing is that you know now, so you can look at the application and make any comments / objections to the planning office. As mentioned above, if you want to object then they must be valid planning reasons, "the applicant doesn't own the land" or "does not have right to access the land" etc, are not normally actually valid planning reasons, although they will be legal reasons why the applicant might not be able to physically enact any permission. In your case, where it sounds like they need to cross a right of way you should make this clear to the officer, because they may then choose the grant permission only on the condition that the applicant can secure the right of way.

Hope this helps?

 

[Haradan]

Yes it does, many thanks