Article 9 Neighbour notification under section 23(1)

(1)

Subject to the following paragraphs, an applicant for planning permission or for approval of reserved matters under articles 3, 4 or 6 respectively shall notify persons holding an interest in neighbouring land as specified at paragraph (2) below who have not been served under section 24 of the Act with notice of the application by sending them—

(a)

a notice of the application in the form set out in Schedule 4 stating—

(i)

that the application and plans or drawings relating to it may be inspected in the register kept by the planning authority;

(ii)

the address at which the application may be so inspected if different from the address of the planning authority shown on the application; and

(iii)

the period within which the application may be inspected; and

(b)

a plan showing the situation or location of the development.

(2)

The persons holding a notifiable interest in neighbouring land are—

(a)

in the case of lands and heritages entered in the valuation roll at the date of the application, the persons appearing in the valuation roll in force at that time as being the owners, lessees and occupiers of those lands and heritages; and

(b)

in the case of lands and heritages not entered in the valuation roll at the date of the application, the owners and occupiers of those lands and heritages.

(3)

(a)

The notification in accordance with paragraph (1) of a person holding a notifiable interest in neighbouring land in terms of paragraph (2)(a)

(i)

in each case where the name and address of the owner, lessee or occupier can be ascertained from the valuation roll, shall be sent to such person at his address as entered in the valuation roll;

(ii)

where information as to the owner, lessee or occupier of neighbouring land or of any premises contained or included in neighbouring land cannot be ascertained from the valuation roll, shall be sent addressed to the Owner' at such land or premises, where the name of the owner cannot be ascertained, to “the Lessee” at such land or premises where the name of the lessee cannot be ascertained and to “the Occupier” at such land or premises where the name of the occupier cannot be ascertained;

(b)

the notification in accordance with paragraph (1) of a person holding a notifiable interest in neighbouring land in terms of paragraph (2)(b) shall be sent addressed in each case to “the Owner”, and “the Occupier” at each address of the premises contained or included in the neighbouring land.

(4)

Where it is not possible for the applicant to carry out notification in terms of this article because there are no premises situated on the neighbouring land to which the notification can be sent, the planning authority shall publish a notice in accordance with article 12(5).

(5)

The certificate referred to in articles 3(c)(iv), 4(2)(c)(iv) and 6(c)(iii) shall be in the appropriate form as set out in Schedule 2 stating—

(a)

that notification has been carried out under paragraphs (1) to (3)—

(i)

in the case of lands and heritages entered in the valuation roll, detailing as appropriate—

(aa)

the names and addresses of those persons having a notifiable interest in neighbouring land who have been notified under paragraphs (1), (2)(a) and (3)(a)(i), with details of their interest, namely that of an owner, lessee or occupier as the case may be; and

(bb)

the addresses of the premises in respect of which the owner or the lessee or the occupier have been notified in accordance with paragraphs (1), (2)(a) and 3(a)(ii) with details as to whether the notification was sent addressed to “the Owner”, to “the Lessee” or to “the Occupier” or to any or all of them;

(ii)

in the case of lands and heritages not entered in the valuation roll, listing the addresses of the premises in respect of which the owners, and occupiers have been notified in accordance with paragraphs (1), (2)(b) and (3)(b);

(b)

that no notification under paragraphs (1) to (3) is required; or

(c)

that it is not possible to carry out notification for the reason set out at sub-paragraph (4).

(6)

Where neighbouring land is separated from the land on which the development is proposed by a road not exceeding 20 metres in width the planning authority may dispense with the requirements of this article insofar as they relate to such land.