Paragraph B (Procedure for applications for prior approval under Part
20) includes a requirement at B(12)(b) (https://www.legislation.gov.uk/uksi/2020/632/regulation/22/made)
that the LPA must give notice of the proposed development by serving a
notice…on all owners and occupiers of the flats within existing
blocks of flats.
From my understanding, this introduces the need for a Local Planning
Authority to establish who the relevant owner is, and write to them,
in addition to the standard practice of writing to the owner and/or
occupier. The requirement to write to owners only seems to exist
elsewhere in the context of giving notice of Article 4 Directions at
Schedule 3 of the GPDO - but even that gives a caveat if it would be
impracticable (Schedule 3, Para 1(2) - https://www.legislation.gov.uk/uksi/2015/596/schedule/3/paragraph/1/made).
LPAs do not hold land ownership records, and access to these would, I
expect, come at an expense to LPAs (if we use Land Registry, which is
not always up to date). If we are to use information held by other
Local Authority functions, I fear there could be GDPR issues.
I wonder if any other LPAs have considered how best to deal with this
requirement to write to owners and occupiers? What lengths do you
expect to go to, to identify and write to the owner?
Who is the owner? Is it a company, a director, a tenant, freeholder,
leaseholder, does it include the mortgage company? Is the owner as
defined in S65(8)
of the TCPA?
Many thanks in advance for any suggestions or opinions
