1App: Ownership Certificate for Reserved Matters applications

Planning Advisory Service (PAS)

Ouvert | En cours - juillet 2012 | Dernière modification - May

Former Member, modifié il y a 16 années.

1App: Ownership Certificate for Reserved Matters applications

We've just noticed that the form for approval of reserved matters applications, 1App form No.23, doesn't include anywhere for the applicant to indicate ownership of the site or complete the agricultural holdings certificate. As far as we are aware, reserved matters applications require these details along with any other planning application. The checklist on the 1App reserved matters application form indicates that an ownership certificate and an agricultural holdings certificate should be completed. I've spoken to the helpdesk at the Planning Portal, and after some digging round, their advice is that reserved matters applications DON'T require the applicant to indicate site ownership. Can this be right? There are many instances where the site ownership changes between the submission of the outline application and the subsequent reserved matters. Could the problem be that the forms have got mixed up? (there are enough of them!) The title of the form refers to Article 21 of the General Devt Procedure Order. If you look up the notation, at http://www.opsi.gov.uk/si/si1995/uksi_19950419_en_1#7 Article 21 specifically excludes applications for approval of reserved matters. Can anyone else shed any light on this?

Former Member, modifié il y a 14 années.

Re: 1App: Ownership Certificate for Reserved Matters applications

I agree with you Matt...there must be a requirement for these details as there exists the possibility that the ownership could change hands between the OUT & the RES. Cant find any confirmation of this though so would be grateful for some advice if anyone knows please... Thanks :)

Former Member, modifié il y a 14 années.

Re: 1App: Ownership Certificate for Reserved Matters applications

Unless changes have been made recently then it is my recollection that an app for reserved matters, i.e an app not being a planning app. does not require any certs. whatsoever and never has done. I stand to be corrected.

Former Member, modifié il y a 14 années.

Re: 1App: Ownership Certificate for Reserved Matters applications

I agree with Martin, i.e. that there is no requirement to submit certificates with a reserved matters application. An application for reserved matters is not an 'application for planning permission' to which Article 7 of the 1995 Order relates. It is Art 4 that governs the submission of applications for reserved matters and all this requires is that an application shall be made in writing (it doesn't even have to be on a form)to the local planning authority and shall give sufficient information to enable the authority to identify the outline planning permission in respect of which it is made, include such particulars, and be accompanied by such plans and drawings, as are necessary to deal with the matters reserved in the outline planning permission and, except where the authority indicate that a lesser number is required, be accompanied by three copies of the application and the plans and drawings submitted with it.

Former Member, modifié il y a 14 années.

Re: 1App: Ownership Certificate for Reserved Matters applications

This was pinged over from the portal: "Our understanding is that a Reserved Matters application is not an application made under regulation 3 of the 1988 Regulations and is instead made under Article 4 of the Town and Country Planning (General Development Procedure) Order 1995. Article 5 specifies that applications under regulation 3 require a certificate required by Article 7 but it does not state that a certificate needs to be submitted for those submitted under Article 4. Based on that information I conclude that a certificate is not required for Reserved Matters and therefore the form was corrected."

Former Member, modifié il y a 13 années.

Re: 1App: Ownership Certificate for Reserved Matters applications

I realise this is a long time after the last response on this thread, but here goes.... In the dim and distant past I recall learning that planning applications originally had no ownership certificate. The result was some abuse of this by, for example, a developer getting planning permission on land they didn't own and then buying that land without the owner realising the value had gone up because of the permission issued. The purpose of the ownership certificate, therefore, is to ensure that the land owner (including a person with a lease with at least 7 years left to run of course) is aware that someone had applied for planning permission affecting their land or building. The certificate's omission from a reserved matters application isn't simply because it isn't an application for planning permission, but because the owner will already have been notified about the proposed developed at the outline stage. If the ownership changes then the new owner will be made aware of the outline consent through the standard search performed by their solicitor: if they don't have a search done then that's their risk.