Planning application in the name of a diseased person

serdiboy

Some developer (i think) has put in a planning application to build a block of flats next door to me. The application is in the name of the original houseowner ( now diseased ).Died in summer but the application was put in end of October. How legal would that be ?

davetrousers

Having a disease should prevent someone from making a planning application.

Being deceased is another issue.

maninthestreet

You can respond to the planning application, stating that the person making the application is dead. Let the Planning Authority then decide whether the application should proceed or not.

LandyAndy

maninthestreet wrote: »

You can respond to the planning application, stating that the person making the application is dead. Let the Planning Authority then decide whether the application should proceed or not.

Should be dead straightforward.

nobblyned

Is it contagious?

Anyway, seriously, I doubt there would be a problem for the developer to change the application into their name. Anyone can put in an application for PP on any property providing they have the permission of the owner. The PP isn't judged based on who puts it in, but by the plans and their suitability for the plot, area etc.

HenryWeston

LOL!:rotfl:

seven-day-weekend

I think the application would be invalid as they have to submit a form saying they are either a) the owner or b) have served a notice on the owner where the owner is known or c) another notice where the owner is unknown.

None of these things seem to apply here, so i would notify the Planning Department of this.

However, there is nothing to stop the developers making another application in their own name.

floss2

May depend upon whether the deceased person was still legal owner of the property, i.e. whether it had gone through probate & any will proved, & transfer of ownership done. Even a simple will can take 3m in Probate....

Debt_Free_Chick

serdiboy wrote: »

Some developer (i think) has put in a planning application to build a block of flats next door to me. The application is in the name of the original houseowner ( now diseased ).Died in summer but the application was put in end of October. How legal would that be ?

Sorry if this sounds rude, but have you read the form correctly?

Are you sure that it isn't the executors who've applied for planning permission? They might do this in order to increase the value of the land, prior to sale, maximising the income for the estate

Or has someone else put in the application, but you are reading the part that states the name of the owner?

Is it on the web? Can you post a link?

In any event, I really don't think it matters. It's the land that gets the development rights - not the applicant (or the owner). If permission is given, it won't be invalidated simply because the identity of the true applicant is incorrect.

seven-day-weekend

Debt_Free_Chick wrote: »

Sorry if this sounds rude, but have you read the form correctly?

Are you sure that it isn't the executors who've applied for planning permission? They might do this in order to increase the value of the land, prior to sale, maximising the income for the estate

Or has someone else put in the application, but you are reading the part that states the name of the owner?

Is it on the web? Can you post a link?

In any event, I really don't think it matters. It's the land that gets the development rights - not the applicant (or the owner). If permission is given, it won't be invalidated simply because the identity of the true applicant is incorrect.

The original application has to be valid before permission is granted/refused and I don't think this one is (see my post above).

But providing correct procedures are followed a valid application can still be made.

mystic_trev

serdiboy wrote: »

The application is in the name of the original houseowner ( now diseased ).Died in summer but the application was put in end of October.

Bird Flu? :shhh: