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United Kingdom

Planning permission quashed for recklessly false ownership certificate; applicant notification failures under TCPA 1990/DMPO 2015; LPA site‑notice consultation sufficient: R (Bishop) v Westminster (England)

Published on: 20 December 2017

Published by a LexisNexis Planning expert
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Article summary

Original news

R (on the application of Bishop) v Westminster Council [2017] EWHC 3102 (Admin)

What is the significance of the decision for authorities and developers?

This ruling stands as a clear caution to developers and local planning authorities (LPAs) to strictly observe the procedural rules governing planning applications. The court condemned the developer for recklessly submitting the wrong ownership certificate and other errors on the application form, which together were misleading and deprived an interested party of the chance to make representations on the proposal. Beyond placing any planning permission obtained through misleading statements at risk of being set aside, it is a criminal offence to issue an ownership certificate that you know is false or misleading, or to do so recklessly. Sound practice is to carry out a Land Registry search of the site before lodging an application, so that all owners are identified and the requisite notification steps are followed

What is the legal background to the case?

Section 65...

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