Can a developer get permission to build on land near my house that it doesn't own?

The answer to this question is “yes”. It may seem strange, but if there is a piece of land near your home, someone could apply for planning permission and get it, without even owning the land.

This may be worrying to you because it may be a bit of land that by being built upon, affects the enjoyment of your property. When someone applies, they still have to go through the normal procedures such as displaying the correct notices. This may be the first time you see the fact someone is applying for permission.

The Council will have a case officer you can contact if you have any concerns. Should you want to, you can find out if the land is protected in any way, how the local planning policies affect the land and perhaps lobby your local councillors to object to the plans.

Often planning permission is applied for speculatively. This may often be the case with amenity land the council owns or partially owns.

If the land is an allotment or park it would be worth checking if there are any covenants or trusts which protect the land from development. Planning is not about who owns land. It is about what is able to be built on any land.

And even though amenity space is often protected, this is not always the case, for example, there may be a severe housing shortage and these concerns might override protecting the land from development.

Are you selling or buying property in the Reading or Thames Valley area?

If you have a property you are selling or buying, do let our conveyancing department know in advance so that we can give you a quote for the legal work.

Debbie Sumitra will be happy to help you. Call her on 0118 957 5337

Our conveyancing guide can be found here https://www.hewetts.co.uk/Conveyancing-Guide-Windso-and-Reading-solicitors.pdf

Published on 05/07/2022

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