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Search the Public Notice PortalCouncillors have deferred deciding on a proposal for a self-build bungalow in Blackburn while town hall officers decide if some of the land is owned by the King.
James Young has applied for planning permission to build the home on land to the east of Buncer Lane in Billinge.
He had certified to Blackburn with Darwen Council that all the land for the property is in his ownership.
But on Thursday night, the authority’s planning and highways committee heard that this was now subject to a dispute.
The Buncer Lane Joint Action Group has submitted an objection to the application, which was recommended for approval by the meeting on Thursday night, alleging ‘complications’ regarding the land ownership title.
It said the freehold titles had been obtained by Adverse Possession or 'squatter rights', and that Farrer and Co solicitors were currently undertaking a legal review ‘on behalf of the Duchy of Lancaster to determine Crown bona vacantia asset right’.
A report to the meeting by Blackburn with Darwen planning manager Gavin Prescott said: “Objections to the application have been received citing encroachment – i.e., that land within the application site is not entirely within the applicant’s ownership.
“A subsequent Land Registry search undertaken by the case officer revealed that part of the site is within alternative title/ownership and that another part, primarily the access track, is untitled.
“This is despite a Certificate A declaration on the application form that the site was entirely within the applicant’s ownership.
“Objection claiming that the applicant lacks the requisite legal standing (Locus Standi) to develop or obstruct land currently vested in the Crown/Duchy of Lancaster/BWD Council without express consent, is unfounded.
“No encroachment into third-party land ownership is evident, including Crown Land as alleged in the objections.
“Members should be clear that land ownership disputes, including but not necessarily limited to alleged encroachment and breach of covenants, fall outside the scope of planning law.
“Regarding title history for the area, it is noted in objection that the Duchy of Lancaster has been contacted regarding Crown Title and Bona Vacantia status.
“Alleged intended creation of a ’40 caravan transit site’ is unfounded. The proposal, as set out in the submitted application form and drawings, is clearly for a single dwelling.”
A supplementary report from Mr Prescott submitted to the meeting said: “Members are advised that whilst the Local Planning Authority (LPA) is satisfied that the correct certification has been served and that the application can be determined as one procedurally sound, if it transpires that the correct certification has now been served/submitted, this renders the permission vulnerable and open to challenge.
“The LPA has the power to revoke the planning permission if it is expedient to do so to remedy an error that has demonstrably caused actual prejudice to a party.”
The committee voted to defer consideration of the application while the actual ownership of the land and other issues were investigated by planning officers.
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