Applicant ownership not correct is application valid, decision legal.

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    Applicant ownership not correct is application valid, decision legal.

    Hi first post on here wondered if anyone can help in advising on the legallaty of a planning application that has benn approved.

    Planning application made in April in which the applicant states that he is th owner of the property and gives his address as the site of the planning application.
    The form is completed on his behalf by a profesional agent(together with plans etc). The agent declares under Certificate of Ownership -certificate A that the agent
    "I certify/The applicant certifies that on the day 21 days before the date of this application nobody except myself/the applicant was the owner (owner is a person with a
    freehold interest or leasehold interest with at least 7 years left to run) of any part of the land"

    The applicant does not live at the property - it is currently ocupied by the person who purchased the property in approx 2000. Land registry deeds from earlier this week show the current occupier as the owner of the property.

    Is this incoorect imformation have any bearing on the appication-in particular
    Is the application valid and is the planning decsion legal

    From what I have read on other sites, this is not something that planning authorities seem to be too concerned about. Their argument is presumably that ownership is not relevant to the decision making process. I did once have a look at the legislation and there does not seem to be any mechanism for overturning a decision where the application form was not correctly completed.


      I would say that the Planning application is invalid. If PP has been granted though, you have just 6 weeks to legally challenge it, or else it stands as a legal decision...this may be subject to more research! Regards, PETER


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