Article 32 Method of making application

(1)

An application under section 84 is made by sending or delivering to the Tribunal an application which must be signed and dated and must state—

(a)

the name and address of the applicant and, if represented,—

(i)

the name and address of the applicant's representative; and

(ii)

the professional capacity, if any, in which the applicant's representative acts;

(b)

an address where documents for the applicant may be sent or delivered;

(c)

the address or description of the application land;

(d)

the nature of the applicant's interest in the application land;

(e)

the name of any other person with an interest in the application land and the nature of their interest;

(f)

the address or description of the land which is subject to the restriction;

(g)

the address or description of the land which, and the identity of any person (if known) who has the benefit of the restriction, or any person who the applicant believes may have such benefit and the reasons for that belief;

(h)

the ground or grounds in section 84 on which the applicant relies and the reasons for considering that that ground or those grounds apply;

(i)

whether the applicant is applying to discharge or modify the restriction, in which case details of the discharge or modification sought must also be provided; and

(j)

details of any planning permission in respect of the application land that has been applied for, granted or refused within the 5 years preceding the application.

(2)

The applicant must provide with the application—

(a)

a copy of the instrument imposing the restriction and any attached plan coloured in accordance with the original or, if the instrument cannot be found, other documentary evidence of the restriction;

(b)

a plan identifying—

(i)

the application land;

(ii)

if ascertainable, any additional land which is subject to the restriction; and

(iii)

the land which has the benefit of the restriction; and

(c)

the fee payable to the Tribunal.

(3)

An application may be made jointly by two or more persons if the land in which they are interested is the same land or different parts of the land affected by the restriction.