Houston We Have a Problem.
‘Houston we have a problem’ is a phrase which is up there with the best of them. So what is the problem?
At the end of Oct we brought you a blog post entitled The Usual Suspects which was about two planning applications, in and around the Otterpool Park Development. Now it is the second – Y16/1122/SH – where a problem seems to be occurring. It is based in Sellindge just on the right hand side after one has gone under the motorwary way bridge, outlined in red below.
The application is to build up to 162 houses including affordable, self-build and retirement housing, up to 929 square metres Class B1 Business floorspace, allotments, recreational ground and multi-use games area, nature reserve, and associated access, parking, amenity space and landscaping.
Now the land-registry-document for the land shows there are three owners, who may or may not be the Bucknell Trust. At the top of the Land Registry document it gives the date and time which on Title Number : K169385 states: 24 OCT 2016 at 12:41:29. This infers that the land was being transferred, ie sold or passed to another person/s. So we contacted the Land Registry on Friday 9th Dec 2016 and asked them when the registry would be updated. The Land Registry informed us that they had until Wednesday 7th Dec to complete the transfer, but it hadn’t been done, and the transfer had been stopped. So for now, ownership is retained by the persons stated on the document.
So what’s the problem. Well it is difficult to build or get planning permission on land you do not own. Let us give you an example. You own a house, and we the Shepwayvox crew want to build on your land where your house is. As we are not the owners of your land, do you think we’ll get planning permission? Probably not. So that’s the problem.
How can Quinn Wilson develop land which does not belong to them or their client? If the owners – allegedly the Bucknell Trust – are not the owners, as the Land Registry have informed us, how can the none owners develop land which is not theirs? How can a planning application be submitted? Well that’s not a problem, as our example above sets out. Anyone can apply for permission to build on any land or house, you just have to notify the owner with a certificate B to state you are not the owner of the land for the last 28 days. The owner can then object like with any application.
The Application form along with 45 other documents according to Shepway District Council’s planning portal were submitted on Tuesday Oct 11 2016. The lastest documents to have been received by SDC planning department, was on Thursday Dec 8th 2016.
Have SDC checked to see who the owners are? Will they keep an eye on this situation and will the persons to who the land was supposed to be transferred, please contact us to tell us what the hell is going on? We doubt it, but we’ll keep you updated. In the meantime, if you need any clarification because the development will potentially affect you, you can always contact Ben Geering (pictured), to ask him what is going on. His contact details are: firstname.lastname@example.org
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