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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

Certificates of ownership and application validity

Jon Allinson, modified 10 Years ago.

Certificates of ownership and application validity

Enthusiast Posts: 32 Join Date: 19/10/11 Recent Posts

My authority has recently received a large application, where following public consultation it was found that the certificate of ownership is very inaccuate (they served Cert A which the LPA took at face value,  but it was found that large chunks of the site were owned by a number of different owners / and unknown owners). Consequently they had to carry out consultation for a Cert D.

The question I have is does the original inaccurate certicate render the application in valid, since they should have served notice on all landowners 21 days prior to the submission of the application. Should the application actually only be valid from the day the 21 days expire? 

What have other LPAs done in this situation? 

Ed Murphy, modified 10 Years ago.

Certificates of ownership and application validity

New Member Posts: 16 Join Date: 12/08/13 Recent Posts

My undersatnding is that the strict legal position is the application is/was invalid as the Certification requirements were not complied with, and therefore the application can be 'returned' with no further action to be taken by the LPA.  A fresh, valid application ( & certification) would need to be submitted.

I have usually taken a more pragmatic line (and never been challenged) - get the correct Certificate/notifications, wait the 21 days, then re-validate the same application. 

Looking forward to seeing other replies....