You do not have to be the owner of land in order to make a planning application.

If you are not the owner, you will simply have to formally inform that person of your intention to submit an application. This is required under Part 13  and Schedule 2 of the Town and Country Planning (Development Management Procedure) Order 2015.

Who owns the planning permission?

If you are able to obtain planning permission on land which does not belong to you, the Permission relates to the land rather than the Applicant or Owner, therefore anyone could implement it. This means, if permission is granted, the land owner could implement it themselves or sell up to someone else even though you have paid for the application.

Why apply for planning permission on someone else’s land?

The answer to this is simply for speed and assurance that certain works can be undertaken before committing to a purchase. Obviously, there is an element of risk that the owner may not sell to you afterwards and we would always recommend entering into a well-drafted conditional contract. This will commit both sides to the deal, while allowing time to sort out the practicalities and retaining the right to walk away if things do not fall into place as intended.