Forum Topic

Planning Application Forms - missing or redacted

On several occasions, neighbours have pointed out the absence of the actual Planning Application Form within the papers filed on the Council's Planning Website.Thus, the identity of the Applicant is uncertain also the Ownership Certificate details are not available, which can be very important where an Applicant incorrectly claims using Ownership Certificate A to be the sole owner of all of the land to which the application relates when, in fact, this is NOT the case.In a recent case in Acton, in Woodhurst Road, a freeholder developer proposed building a structure in part of another long Lessee resident's garden and no Ownership Certificate B was submitted to the Council.  The garden owner did not see any yellow Public Notice outside the property and had not received any separate Notice from the developer as required by law.  The developer's agent having declared in the Application Form submitted to the Council that no one has a Lease of 7 years or more - this, if it were true, would therefore have absolved the Applicant from having to serve an Ownership Certificate B, but in fact, the garden Leasehold owner proved to us and the Council that she possessed a Lease of 142 years!The resident wrote to the Chief Planning Officer, Ms Alex Jackson about this on 19th April 2022 but, as far as I know, she did not receive any response.The Legal Requirement: STATUTORY PLANNING REGISTER - Section 69 of the Town and Country Planning Act 1990 requires a local planning authority to keep a statutory planning register which includes information about Applications for planning permission and to make it available for public inspection, as per the text below:(1) The local planning authority must keep a register containing such information as is prescribed as to —(a) applications for planning permission;(8) The register must be kept available for inspection by the public at all reasonable hours.........................Article 40 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 also provides that where (as is common) the register is kept in electronic format, then it can be provided to the public on a website – article 40(14).As Acton resident, Gerald Moran (with almost 50 years experience in property law) has pointed out, there does not appear to be any authority for redacting the Application Form mentioning that "on the contrary, the Data Protection Act 2018 at Schedule 11 paragraph 3(1) exempts from the listed provisions (in chapters 2 and 3 of Part 4 of that Act) Statutory Registers kept for public inspection".

Victor Mishiku ● 1347d6 Comments

Raymond you raised a valid point about dimensions not shown on plans submitted to the planners. This has a significant impact especially on infill sites across the Borough. I have first hand experience at Peacehaven in 2015 planning committee approved the building at the side of my house.The elevation drawings showed the development lower in height, but when the property was built it stands higher... With the support of Victor it was brought to the planners attention but nothing was done. Like others in Ealing nothing will be done and the worst thing for me the planning inspector said in the appeal process that it should not be overbearing to my property.  The developer submitted a new application changed very little the next time round and with the help of the chair it was passed...

Nicolas Ozegovic ● 1341d

In another two cases, this time in Hanwell W7 at Azalea Close and Azalea Court for a proposed extra two storeys on top of the original blocks of flats, neither of the Application Forms have been published on the Council's Planning Website!Application No.221947PANDF  - there are 5 documents published on the Council's Planning Website - but the Application Form itself is MISSING.  The 5 documents were published on 4th & 13th May 2022.  The Public Notice is dated 16th May 2022 requesting comments be made by 6th June 2022 (although, I understand there is no actual legal time limit in which to respond).  From the date of the Public Notice (16th May), already 16 days have elapsed and there is no information given as to the Applicant, Ownership Certification, Exact Description of the proposed development (which would affect every single long leaseholder and their amenity - not long ago, the residents won a legal property case to establish their parking rights, which would now very likely be obstructed for a lengthy period during proposed construction works).Application No.221946PANDF - there are 6 documents on the Council's Planning Website - but again, the Application Form is MISSING.  The 5 documents were published on 4th & 12th May 2022. The Public Notice is dated 16th May 2022 requesting comments be made by 6th June 2022. From the date of the Public Notice, 16 days have elapsed and as above, there is no information given as to the Applicant, Ownership Certification, Exact Description of the proposed development.Sections 69 & 69A (for "prior approval" applications) of the Town and Country Planning Act 1990 (as amended) require  that the Council maintain a Statutory Register (which includes information about the application, plans and the application form, etc).NB. Section 69A was added to the main Act on 27th April 2017 by virtue of the Neighbourhood Planning Act 2017.

Victor Mishiku ● 1343d

"The Application Form has been redacted even though there is no legal authority to do so" .............. just as there was never any legal authority whatsoever to disallow recordings of Planning Committee Meetings.

Rosco White ● 1343d

In the current major Planning Application for the redevelopment of the Friary Park Estate with huge buildings and skyscrapers, until a few days ago, the planning documents on the Council's Planning Website numbered 367 documents in all - everything but the Application Form.Most of the documents were published on or about 12th April 2022 but the Appl;ication Form was missing.Residents pointed this out to the Planning Department and it was eventually uploaded on or about 26th May 2022  - 44 days later - now making 368 documents to examine.Usually, residents are expected to comment on planning applications 21 days after notice of the application is published (now on lampposts only - no more individual letters as in past time and we have seen in Ashbourne Close that public notices were lacking and on more than one occasion).If it takes 44 days to even see the Application Form and details of what is being applied for and details of ownership etc, it makes things awkward for neighbours who are given only 21 days to comment on the Application.The Application Form has been redacted even though there is no legal authority to do so and, as Gerald Moran has pointed out, data protection legislation specifically exempts documents that must be published under a statutory requirement as in this instance.

Victor Mishiku ● 1343d

Stick it to 'em Victor!!!    👍

Rosco White ● 1345d

Not helped by the scant information and complete lack of points of contact for Case Officers and indeed Planning managers all of whom seem to be nameless.Many submitted plans are devoid of dimensions and impact on neighbouring properties.This makes it very hard for a neighbour to object when they cannot get any dimensions - especially if it is very close to their main building.Very often applicants engage an agent to make the application and provide the details. Too many of these agents seem to know how to deflect, withhold and get applications past planning and it seems are deliberately engaged to bend the rules as far as possible.It leaves many affected residents out on a limb and defenceless for their property.Unless you are an expert in Planning wordspeak or have direct access to them, most objections are dismissed as the concerns and language does not meet with planners criteria.Keep up the good work Victor one of the few who can cut through the bull and expose the shortcomings.

Raymond Havelock ● 1346d