One of the most common things which we see missed, or which surprises clients when we prepare applications, is the need for service of notices (within a full planning application) where the applicant does not own all of the land or there is a tenant in place. This extends to anything within the red line boundary and can include instances where access is, or visibility splays are, required over land that is owned or occupied by a third party with a qualifying interest.
When submitting a planning application, it is essential to serve the correct notices on landowners and tenants with an interest in the land. This requirement is a fundamental part of the planning process and helps ensure transparency, fairness, and legal compliance. To not do so can leave permissions vulnerable to procedural challenge for a short period of time following receipt of a decision notice.
Planning permission can directly affect the rights and interests of those who own or occupy land. Furthermore, you do not actually have to own a site to apply for planning permission – you could be a tenant or in the process of buying the site. For that reason, the Local Planning Authority require applicants to notify anyone with a legal interest in the application site. This usually includes freeholders, leaseholders, agricultural tenants, and other parties with a qualifying interest in the land. Notice provisions also apply if, for example, you have not owned the land for 21 days or more at the point of application – of importance for those planning a submission on an asset as soon as it has completed following a purchase, for example.
Serving notice fulfils several important purposes. First, it ensures that affected parties are aware of proposed development that may influence their use or interest in the property. A landowner or tenant may wish to support, object to, or comment on the application before a decision is made. Without proper notification, individuals could be deprived of the opportunity to participate in the planning process – though it should be kept in mind that private matters and access or rights over land are rarely a material planning consideration.
Second, the requirement promotes accountability and accuracy. Planning Authorities rely on applicants to confirm ownership details and certify that notice has been served correctly. Ownership certificates and agricultural land declarations form part of the application documentation (within the application forms) and help authorities verify that all relevant interests have been identified. Failure to provide accurate information may invalidate the application and re-start the process or expose the applicant to legal challenge.
Serving notices also reduces the risk of disputes later in the physical development process (outside of the planning world). Development carried out without the knowledge of owners or tenants can lead to delays, injunctions, or claims relating to trespass or interference with property rights from a legal perspective. Early notification allows issues to be identified and addressed at the outset, potentially saving time and costs for all parties involved with potential concerns or issues able to be identified early.
The legal framework also reflects principles of procedural fairness. Planning decisions are made in the public interest, but they can have significant private consequences. Requiring notice to be served balances these competing interests by ensuring that those with an interest in the land are informed and given an opportunity to respond. In practice, applicants must take reasonable steps to identify all owners and tenants before submitting an application.
Notices must usually be served within a specified period and in the prescribed form. Where ownership is unknown, alternative procedures such as public notices may apply or, for example, evidence of advertisement of the application in a local newspaper/online (which we have had to do for some sites).
Ultimately, serving appropriate notices is not simply an administrative formality it is a key safeguard that supports transparency, protects property rights, and helps maintain confidence in the planning system. It should not be overlooked within applications which are being submitted where the land is not wholly within the ownership, control and/or occupation of the applicant.