Ownership Certificates - Article 7 of the Town and Country Planning (General Development Procedure) Order 1995

The request was successful.

Dear North East Lincolnshire Council,

When a planning application is submitted to a local planning authority, an ownership certificate must be completed stating the current ownership of the land to which the application relates under Article 7 of the Town and Country Planning (General Development Procedure) Order 1995.

There are 4 ownership certificates which are listed below:

1) Certificate A - Sole Ownership
2) Certificate B - Shared Ownership (all other owners known)
3) Certificate C - Shared Ownership (some other owners known)
4) Certificate D - Shared Ownership (all other owners unknown)

A planning application (LPA reference: DC/316/12/WOL) was submitted to North East Lincolnshire Council in April 2012 which was presented with a Certificate B. Unfortunately, the applicant’s agent had mistakenly presented the incorrect certificate and site plan to the LPA.

Realising their mistake, the agent then requested to amend the planning application with a revised site plan and a Certificate A. However, the LPA refused the agent’s request and the planning application was not entertained any further. In order to proceed with the application, the LPA stated that they would only accept a Certificate D with the planning application. The agent then presented this certificate to the LPA and the application was allowed to progress.

Within the locality of the application site, the LPA have previously approved two other planning applications. One application was for a substantial extension to an existing guesthouse (LPA reference: DC/1501/04/WOL) and the other was for a residential dwelling (LPA reference: DC/39/09/WOL). I understand that these particular applications were received by the LPA together with certificates confirming sole ownership (Certificate A).

I would be most grateful if the LPA could provide the precise reasons, including any background papers, as to how they determined planning application DC/316/12/WOL required a shared ownership (all other owners unknown) certificate.

Additionally, I would also be most grateful if the LPA could provide the precise reasons, including any background papers, as to how they determined planning applications DC/1501/04/WOL and DC/39/09/WOL accompanying ownership certificates were acceptable.

If this information is available on the planning register then I would also be most grateful if you could direct me to it.

Thank you for your anticipated cooperation and I look forward to hearing from you shortly.

Yours faithfully,

Colin Webb

PPD - FOI, North East Lincolnshire Council

Dear Colin

I am pleased to acknowledge your request for information, which has been allocated the reference number 3255_1213.

Your request has been passed to the relevant department for processing and you can expect your response within the 20 working day limit. If it will take us longer than 20 working days to respond to you, we will inform you of this and provide you with the expected date for receiving a response.

Further information about how we will deal with your Freedom of Information requests is available on our website at: http://www.nelincs.gov.uk/council-and-de....

Please feel free to contact me if you require any further information or assistance quoting the reference number above.

Yours sincerely

Admin Assistant

North East Lincolnshire Council

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PPD - FOI, North East Lincolnshire Council

Dear Mr Webb 
 
Thank you for your request under the Freedom of Information Act made on
26th July 2012, reference number FOI/3255/1213. Under section 1 of the Act
I wish to confirm that North East Lincolnshire Council holds the
information you have requested.
 
You asked why planning application DC/316/12/WOL was treated differently
from two nearby planning applications, numbered DC/39/09/WOL and
DC/1501/04/WOL, in the same road at Healing (Carr Lane).  In particular,
you ask why Certificate A was accepted for applications (DC/39/09/WOL and
DC/1501/04/WOL) while DC/316/12/WOL required a Certificate D.
 
The two earlier applications were processed at a time (pre-2010) when it
was not at all clear that access to a public highway had to form part of
the red edge on any application and appropriate notices (whether A, B, C
or D) served.  Those applications did not edge the access road in red; nor
did they involve works to Carr Lane itself, unlike DC/316/12/WOL.
 
That uncertainty was only removed in March, 2010 when the Department of
Communities and Local Government published “Guidance on Information
Requirements and Validation.”  Its Section 4 refers to the statutory
national information requirements and states the application site should
be edged clearly with a red line and include all land necessary to carry
out the proposed development (paragraph 46) which is taken as including
land required for access to the site from the public highway.  Application
DC/316/12/WOL reflects that guidance with the site and approach along Carr
Lane edged in red.
 
The same 2010 Guidance states the Council as Local Planning Authority must
not entertain a planning application unless the relevant ownership
certificates have been completed (paragraph 50).  All applications must
thus include an appropriate ownership certificate.  For application
DC/316/12/WOL as the applicant did not own all the land within the red
line, D was the correct certificate to ensure the interests of both the
public generally, other owners and the applicant were properly observed
and protected.
 
The content of the earlier applications may be viewed via the Council
website whilst the 2010 Guidance is viewable via the Department of
Communities and Local Government web site at the following address:
[1]http://www.communities.gov.uk/publicatio...
 
If you require any further clarification or details, please do not
hesitate to contact me, quoting the reference number above.
 
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
 
Yours sincerely on behalf of North East Lincolnshire Council
 
Paul Ellis
Team Manager - Information Governance, Complaints and Consultation,
Informatics and Research
 
 
 
 

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Dear North East Lincolnshire Council,

Thank you for your prompt response.

Yours sincerely,

Colin Webb