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The Lands Tribunal Rules 1996

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Method of making application

13.—(1) A person interested in land affected by a restriction who wishes to make an application under the section shall send to the registrar in duplicate an application which shall contain—

(a)the name and address of the person making the application and, if he is represented, the name, address and profession of the representative;

(b)the address or description of the land to which the application relates;

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

(d)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 whom the applicant believes may have such benefit and the reasons for that belief;

(e)the ground or grounds in section 84 on which the applicant relies and the reason he considers that that ground or those grounds apply;

(f)a statement as to whether the applicant is applying to discharge the restriction wholly or for its modification, and if the latter the extent of the modification;

(g)a statement as to whether any planning permission has been applied for, granted or refused within the five years preceding the application in respect of the land the subject of the application;

(h)the signature of the person making the application or his representative and the date of the signature.

(2) The application referred to in paragraph (1) shall be accompanied by—

(a)a copy of the instrument imposing the restriction or, if this is not available, documentary evidence of the restriction; and

(b)a plan identifying the land to which the application relates and, so far as practicable, all the land which is subject to the restriction and the land which has the benefit of the restriction.

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

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