A GROUP of Whitley neighbours are calling for a change to planning law to prevent developers from applying to build on land that they do not own.
The neighbours, who live on Brookfield Rise in Whitley, have banded together in response to a planning application to build two new houses on land to the rear of Eden Grove. The application requires using land privately-owned by one of the Brookfield Rise residents for access to the new homes.
The Brookfield Rise residents say that the application requires the demolition of a wall owned by Ann Smith causing – and if approved by Wiltshire Council would force Ann Smith to take legal action to prevent the plans moving forward.
The trio have called into question how a planning application can be made by a person that does not own, or have any right to, all of the land involved. And they are calling for a change to planning law to prevent this from happening to others.
However, Wiltshire Council has stated that as long as the applicant notifies all landowners, it is permissible for a planning proposal to be submitted that includes land not owned by the applicant.
The council has explained that if planning permission was granted, the plans could not move forward until all of the landowners have agreed.
Speaking to Melksham News, the residents said, “Wiltshire Council has confirmed that they know the applicant does not own or have any right to access his neighbours’ land but could grant permission any way.
“Thus knowingly forcing Mrs Smith, an elderly vulnerable pensioner, into taking legal action to prevent the applicant unlawfully gaining access to her property.
“Why do the planning department even consider granting planning permission when they have been told the applicant does not own all the land?
“Something needs to change as many people are losing their property because of this flaw in the planning procedure. Not everyone is aware that a planning application can be taken out in this way.
“It’s causing heartache and expense unnecessarily for someone else’s greed. Pensioners are stressed enough at the moment with Covid-19, why should they have to incur more stress and spend money they don’t have, to keep what they have worked all their lives for?”
In response to the concerns, cllr Toby Sturgis, Wiltshire Council cabinet member for planning, told Melksham News, “We have been in contact with the resident and applicant regarding this planning application, and can confirm that in his submission, the applicant has made it clear that they don’t own all of the land on the application site.
“However, it is permissible to submit a proposal for planning permission that includes land not owned by the applicant, provided that the applicant notifies those landowners of the submission of the application so that they are properly informed. This requirement has been met in this application.
“We cannot take ownership issues into account when deciding an application, as that would be a private matter to be resolved between the parties, but any planning permission, if granted, could only be implemented with the agreement of the landowners.”
The applicant was contacted for comment.
