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right of way
I own a property with a drive the next door has a right of way to gain entry into the property i have parking rights as i own the drive but they do have rights to pull on and off to load or unload. This is limited to 15min.
The problem i have is that the property looks like its going to be sold and a possibility it will be converted into flats. The driveway has a set of gates to get onto the driveway and the driveway is only 15ft from property to proerty. I need to find out if i have a right to object against flats and under what law would it be ? My windows to my sitting room and both my childrens bedrooms face the drive so is there a privacy matter. I understand that if one person owns the property then traffic would be to a minumum but if it was flats then there would be a number of people comming and going. Is there anything i can do or not could someone please help me with some info Many thanks
The problem i have is that the property looks like its going to be sold and a possibility it will be converted into flats. The driveway has a set of gates to get onto the driveway and the driveway is only 15ft from property to proerty. I need to find out if i have a right to object against flats and under what law would it be ? My windows to my sitting room and both my childrens bedrooms face the drive so is there a privacy matter. I understand that if one person owns the property then traffic would be to a minumum but if it was flats then there would be a number of people comming and going. Is there anything i can do or not could someone please help me with some info Many thanks
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There should be a planning application lodged at your local authority planning department if flats are to be built ( notices should have been posted adjacent the site, fixed to telegraph posts usually). This site gibes you some advice on how to object:
http://www.planningpo...ov.uk/england/public/
http://www.planningpo...ov.uk/england/public/
No, the issue is much more complex than that.
The above responder is making reference to the issue of the Planning Application only but there is an issue related to the legal right of access to the property next door (the covenant by which the owner of that property is able to pass/repass over your land. The 2 issues are NOT linked.
A couple of questions?
Is this the only possible way to get access from the land to be sold to the public highway?
Is it not possible that the owner could get another access from a difference road frontage?
Part of the planning application will consider access for traffic from the new development onto the public highway - presumably at the point where your access road joins the public highway. If that access is inadequate to allow adequate visibility splays (i.e. a good view up and down the road to the emerging traffic) then Highways will object to the application and it will not be granted.
The above responder is making reference to the issue of the Planning Application only but there is an issue related to the legal right of access to the property next door (the covenant by which the owner of that property is able to pass/repass over your land. The 2 issues are NOT linked.
A couple of questions?
Is this the only possible way to get access from the land to be sold to the public highway?
Is it not possible that the owner could get another access from a difference road frontage?
Part of the planning application will consider access for traffic from the new development onto the public highway - presumably at the point where your access road joins the public highway. If that access is inadequate to allow adequate visibility splays (i.e. a good view up and down the road to the emerging traffic) then Highways will object to the application and it will not be granted.
The second issue related to planning consent is the one you mention about distances and the bulk of a new building in relation to its surroundings. This is a planning judgement thing - no 'rules' as such. When the planning application goes in (you should get to know because you are affected), make an appointment to see the planning officer and raise your concerns and talk to them about the development. You will have to formally write an objection.
A second, more likely way you can influence this relates to the covenant over your land (the right of access). This is typically transferable to the new owner but the wording of it is crucially important. You are almost certainly going to need proper legal help with this but you can probably first the process for free by speaking to CAB to trying to get 30 minutes free solicitor time via them. Take a copy of the land title for the property next door with you that describes the wording of the covenant. You can download that here for £4.
http://www.landregist...ortal/Property_Search
A second, more likely way you can influence this relates to the covenant over your land (the right of access). This is typically transferable to the new owner but the wording of it is crucially important. You are almost certainly going to need proper legal help with this but you can probably first the process for free by speaking to CAB to trying to get 30 minutes free solicitor time via them. Take a copy of the land title for the property next door with you that describes the wording of the covenant. You can download that here for £4.
http://www.landregist...ortal/Property_Search
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