LAND OWNERSHIP CERTIFICATES CERTIFICATES AND NOTICES UNDER ARTICLE 8 - TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) (SCOTLAND) ORDER 1992 You do not need to have any legal interest in the land and/or buildings to which the application relates when you apply for planning permission, nor do you require the consent of the owner. But, if you do not own the land and/or buildings to which the application relates, you are legally required to give notice of the making of the planning application to the owner and to any agricultural tenant of the land by using the form entitled “NOTICE 1 – FOR SERVICE ON INDIVIDUALS.” For the purpose of making a planning application, a person is regarded as the owner if, 21 days before the date of the planning application, they are the owner, or are the tenant under a Lease which still has 7 years to run. You must complete the appropriate Certificate of Ownership and submit it with your application for it to be validated by the planning authority. IF YOU ARE UNABLE TO ASCERTAIN ANY OWNERS OR LESEES OF THE APPLICATION SITE, place a notice in the local press using notice 2 and/or display such notice on site. If in doubt discuss with a planning officer at the Council. Please note that if you are applying for permission for mineral extraction, you have to complete a different set of certificates, and you must publicise your proposal in the local press and in a notice displayed on the land. Recorded Delivery is the preferred method of sending out notices since the receipt provides proof of delivery in the event of a dispute. First class post or hand delivery is also acceptable.
LAND OWNERSHIP CERTIFICATES Article 8(8) Town & Country Planning (General Development Procedure) (Scotland) Order 1992 Form 1 - for use where the applicant is the only owner and the land is not an agricultural holding. I hereby certify that – (1) No person other than *myself/the applicant was an owner [Note 1] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application. (2) None of the land to which the application relates constitutes or forms part of an agricultural holding.
Signed
_____________________________
* On behalf of
_____________________________
Date
_____________________________
* delete where inappropriate
Note 1 – Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.
Form 2 - for use where Form 1 does not apply but where it has been possible to notify all the owners and agricultural tenants. I hereby certify that – (1) No person other than *myself/the applicant was an owner [Note 1] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application; or – (1) *I have/The Applicant has served notice on every person other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application was owner [Note 1] of any part of the land to which the application relates. These persons are: NAME ADDRESS DATE OF SERVICE OF NOTICE _______________
____________________
___________________ ___________________
____________________
___________________ ___________________
_______________
(2) None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (2) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and *I have/the applicant has served notice on every person other than *myself/himself who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant. These persons are: NAME OF TENANT [Note 2] ______________________ ADDRESS ___________________ ___________________ ______________________ ___________________ ___________________ Signed * On behalf of Date _____________________________ _____________________________ _____________________________ _______________ DATE OF SERVICE OF NOTICE _______________
* delete where inappropriate
Note 1 – Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired. Note 2 – If you are the sole agricultural tenant enter "None".
NOTICE TO OWNERS AND TENANTS OF AGRICULTURAL HOLDINGS Town and Country Planning (General Development Procedure) (Scotland) Order 1992 Notice under article 8(2)(a) and (3)(a) if application for planning permission for service on owners and tenants of agricultural holdings
NOTICE 1 – FOR SERVICE ON INDIVIDUALS
To
Name (if known): Address:
_____________________________________ ____________________________________ ____________________________________ ____________________________________
Proposed development at [Note 1] ____________________________________________ TAKE NOTICE 1. that application is being made to [Note 2] ______________________________________________________________________ by [Note 3] ___________________________________________________ for planning permission to [Note 4] ________________________________________________________________________ ______________________________________________________________________ ; 2. if you wish to make representations about the application you should make them in writing not later than [Note 5] ___________________________________________________________to the Council at [Note 6] ________________________________________________________________________ ________________________________________________________________________ (The grant of planning permission does not affect owner's rights to retain or dispose of their property unless there is some provision to the contrary in an agreement or lease. The grant of planning permission for non-agricultural development may affect agricultural tenant's security of tenure.) Signed * On behalf of Date _____________________________ _____________________________ _____________________________ ____________________________________________
* delete where inappropriate
Note 1 Note 2 Note 3 Note 4 Note 5 Note 6 -
Insert Insert Insert Insert Insert Insert
address or location of proposed development. name of Council. name of applicant. description of proposed development. date not less than 21 days later than the date on which the notice is served. address of Council.
Form 3 - for use where it has not been possible to notify all the owners and agricultural tenants. I hereby certify that – (1) *I am/The applicant is unable to issue a certificate in accordance with sub-paragraphs (b)(i) or (ii) of article 8(8) in respect of the accompanying application; (2) No person other than *myself/the applicant was an owner [Note 1] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application. or – (2) *I have/the applicant has been unable to serve notice on any person other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application, was owner [Note 1] of any part of the land to which the application relates. or (2) *I have/The applicant has served notice on each of the following persons other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application, was owner [Note 1] of any part of the land to which the *application/appeal was owner [Note 1] of any part of the land to which the application relates. These persons are:
NAME ____________________ ADDRESS ___________________ ___________________ ____________________ ___________________ ___________________ _______________ DATE OF SERVICE OF NOTICE _______________
(3) None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (3) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding but *I have/the applicant has been unable to serve notice on any person other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant; or (3) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding *I have/the applicant has served notice on each of the following persons other than *myself/himself who, at the beginning of the period of 21 days ending with the date of the application was an agricultural tenant. These persons are:
NAME OF TENANT [Note 2] ______________________ ADDRESS ___________________ ___________________ ______________________ ___________________ ___________________ PLEASE CONTINUE AND SIGN OVERLEAF _______________ DATE OF SERVICE OF NOTICE _______________
(4) *I have/The applicant has taken reasonable steps, as listed below, to ascertain the names and addresses of the other owners or agricultural tenants and *have/has been unable to do so – [Note 3]_____________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ (5) Notice of the application has been published in the [Note 4] ______________________on [Note 5] ____________________________
Signed __________________________________________________ * On behalf of ____________________________________________ Date ____________________________________________________ *Delete where inappropriate
Note 1 – Any person who, in respect of any part of the land, is the proprietor of the dominium utile or is the lessee under a lease thereof which not less than 7 years remain unexpired. Note 2 – If you are the sole agricultural tenant enter “None”. Note 3 – Insert description of steps taken. Note 4 – Insert name of local newspaper circulating in the locality in which the land is situated. Note 5 – Insert the date of publication, which must be earlier than the beginning of the period of 21 days ending with the date of the application.
NOTICE 2 Town and Country Planning (General Development Procedure) (Scotland) Amendment (No.2) Order 1992 Notice under article 8(2)(b), (3)(b) and (3)(c) of application for planning permission for publication in local newspaper or for public notice Proposed development at [Note 1] ________________________________________________________________________________ ________________________________________________________________________________ NOTICE is hereby given that – 1. application is being made to – [Note 2] ____________________________________________________________Council by [Note 3] ___________________________________________________________for planning permission to [Note 4]_____________________________________________________________________ _____________________________________________________________________ 2. any owner [Note 5] of the land to which the application relates, who wishes to make representations to the above-mentioned council about he application should make them in writing not later than [Note 6] to the council at [Note 7] ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________
Signed * On behalf of Date
______________________________ _____________________________ _____________________________
*Delete where inappropriate
Note 1 – Insert address or location of proposed development. Note 2 – Insert name of council. Note 3 – Insert name of applicant. Note 4 – Insert description of proposed development. Note 5 – Any person who, in respect of any part of the land, is the proprietor of the dominium utile or is the lessee under a lease of which not less than 7 years remain unexpired. Note 6 – Insert date not less than 21 days later than the date on which the notice is published. Note 7 – Insert address of the council.
FORM 4 – for use when completing a minerals application TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) (SCOTLAND) ORDER 1992 I hereby certify that:(1) No person other than *myself/the applicant was an owner [Note 1] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying appeal; or:(1) *I have/the applicant has served notice on each of the following persons other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application, was owner [Note 1] of any part of the land to which the application relates. These persons are:
NAME [Note 2] ADDRESS DATE OF SERVICE OF NOTICE _______________
____________________
___________________ ___________________
____________________
___________________ ___________________
_______________
(2) None of the land to which the application relates constitutes or forms part of an agricultural holding; or:(2) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and *I have/the applicant has served notice on each of the following persons other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the application, was an agricultural tenant. These persons are:
NAME OF TENANT [Note 3] ADDRESS DATE OF SERVICE OF NOTICE _______________
____________________
___________________ ___________________
____________________
___________________ ___________________
_______________
PLEASE CONTINUE AND SIGN OVERLEAF
(3) Notice of the application as set out below has been published in the [Note 4] _______________________________on the [Note 5]_________________________ (4) Notice of the application has been displayed by public notice at _________________________________________________________________________ from __________________________________ to __________________________________ (5) *I have/the applicant has cause to rely on article 8(7). The circumstances are ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
Signed *On behalf of Date
____________________________________ ____________________________________ ____________________________________
*Delete where inappropriate
Note 1 - Any person who, in respect of any part of the land, is the owner or the lessee under a lease of which not less than 7 years remain unexpired, or is entitled to an interest in any minerals other than oil, gas, coal, gold or silver. Note 2 - If no owner has been notified enter “None”. Note 3 - If the appellant is the sole agricultural tenant or if no agricultural tenant has been notified enter “None”. Note 4 - Insert name of local newspaper circulating in the locality in which the land is situated. Note 5 - Insert the date of publication, which must not be earlier than the beginning of the period of 21 days ending with the date of the application.