Council policy to ask for Certificate B - if building NEAR neighbour

RE: Council policy to ask for Certificate B - if building NEAR neighbour

2024-09-09T11:08:40Z

The lawful status for this practice is questionable. Article 13(1) of the DMPO states:

"...an applicant for planning permission must give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant..."

Adjoining land which is not over/undersailed by the development, or is not required for access, cannot be claimed to be in said ownership.

The validation dispute procedure under Article 12 only applies to items specified on the local list. Unless this requirement has (somehow) made it onto their local list as "relevant, necessary and material to the application in question" (para 44 of the NPPF), then its absence would mean it cannot be required and you could submit a notice under Article 12.

Whilst the LPA may wish to alert the neighbour to the development before the application is made, so oversailing scaffolding or access amtters can be considered by that neighbour, if they are adjoining they would receive the LPA's notice upon validation and publication of the application on the register, acheiving the same aim.

If anything, this early notice to the adjoining owner leads to the possibility of representations being made to the LPA which have to be filed somewhere in lieu of there being an application record at that time (and potentially lost and then not subsequently taken into account by the case officer, raising potential complaint/LGO/legal challenge issues). Why an LPA would choose to expose themselves to this risk when there is no legal requirement to undertake the steps they are is beyond me.

RE: Council policy to ask for Certificate B - if building NEAR neighbour

2024-09-09T08:17:20Z

We would only ask for Certificate B if there was quite obvious encroachment of foundations/guttering or if the work involved building onto a party wall. If its close to the boundary we would perhaps ask for a statement from the applicant clarifying that all of the proposed works would be constructed on land within their ownership and that no part of the development would encroach on the neighbouring property. They can't ask for Certificate B to be completed just because it is close to the boundary - that just wouldn't comply with the Development Management Procedure Order..

RE: Council policy to ask for Certificate B - if building NEAR neighbour

2024-09-08T09:40:43Z

Seems very strange to me. Surely the purpose of certificates is to notify owners of land of applications made on their land. Yes it is always good practice to speak to neighbours before an application is made but that is not mandatory through the application process. I would challenge this. Could you go through the validation dispute process if they don't budge?

Council policy to ask for Certificate B - if building NEAR neighbour

2024-09-05T14:34:15Z

Good afternoon,

During a recent submission for a householder planning application (single-storey rear extension), our company completed the required Certificate A. The proposed extension was positioned 150mm from the legal boundary with the neighboring property, with no overhanging foundations, eaves, or gutters.

However, the application was refused validation on the grounds that the extension was "near" a neighbor's property, and we were instructed to complete a Certificate B. Upon consulting with a senior member of the validation team, we were informed that this is now the council's position on developments adjacent to neighboring land.

When we inquired about the criteria for what distance constitutes "adjacent," we were advised that it is determined on a case-by-case basis. The intent is to ensure that the neighbor is informed of the development 21 days before the application is made, particularly in situations where scaffolding might overhang their land or access to their property might be required for construction.

We complied with this request, but it raises concerns as the correct Certificates are dictated by national policy, and this approach seems inconsistent with those guidelines.

Can anyone advise if this is policy in other councils (this was Babergh Council) or if we should be challenging this new policy?