Upset neighbour to get planning permission?

only1sab

:huh:

I'll try to explain as easily as poss.

I rang my local council and spoke to the planning dept then highway dept. about building a driveway. They explained my garden width needs to be 6m but is only 5.5m. However i do share a (tunnel) side entrance with my neighbour on the left (their hse is above the tunnel) i assumed that meant they are sharing the side entrance out of generousity.

I mention this because the only way to get around my garden falling short of the 6m would be for me to prove i have a right of way to share the entrance therefore can claim its ok for my car to use the extra 0.5m. Even though i wont ever need to block the gate, its just for planning permission.

But there is a wall (on the left) seperating both gardens which my neighbour has said he doesnt want me to touch. But i checked my land registry title and it states i have 'right of way' to the side entrance passage and i own the boundary on the left which is the wall that will need to be removed for planning permission to be granted for the driveway.

I really dont know if its worth giving my neighbour the legal facts and face upsetting him or should i just forget the whole thing? He was adamant the boundary needs to remain as it is - no compromise could be reached.:mad:

princessamy86

If it will essentially be a shared access, is there any way that you could split the cost and both have driveways (if he doesn't already have one)? That might make it a bit sweeter for him, if it's shared I'm assuming it will cost less to have both done at once? For what it's worth, I wouldn't push it too hard. You do have to live next door after all.

only1sab

I offered he doesn't want a drive unfortunately ;o(

michaelkav36

either risk saying to planning that you are planning to knock it down and dont, ie on the submitted plans show it removed

or

knock it down and re build it after a couple of months, i presume it is only a small wall ie 1200mm?

p00hsticks

only1sab wrote: »

But there is a wall (on the left) seperating both gardens which my neighbour has said he doesnt want me to touch. But i checked my land registry title and it states i have 'right of way' to the side entrance passage and i own the boundary on the left which is the wall that will need to be removed for planning permission to be granted for the driveway.

Even if the wall on the boundary is yours and you removed it, I don't think that - if he was that way inclined - there would be anything to stop him simply building another one just on his side of the boundary, providing he had a gap or gate in order to continue to allow you right of access.

Also, you may have a right of way, but I suspect it's actually his land. I'm not a legal expert but I don't believe that 'right of way' means you can park your car there, particularly if you woudl be blocking access to the entry.

PasturesNew

I wonder if the neighbour is of the opinion that if the wall were to be removed, you (and your visitors) would start to park in such a way as to block the shared tunnelway... maybe you need to sort out these fears. Many arrogant b4st4rds would take liberties and end up squeezing 2 cars onto the space and blocking that direct line of 0.5m - currently the wall completely ensures this would never happen.

Speak to the neighbour and find out if he thinks you'd be an 4rse - and how you can both win, what does he suggest would be a workable solution.

only1sab

Yep it is his land we just have 'right of way' or the right to share it.

I did think of knocking it down and building it up again in a few months its about 2.5m. I really dont think the council will come back to check its short of 0.5m or would they? I have plenty space on the right and wont ever drive anywhere near the entrance. The 6m needs to be in the plans even if i wont use it.

I offered to do this and assured my neighbour i'd replace the wall but he still wont compromise ahhh!

I think he may be worried we'd try to park blocking his path - thats true didnt think of that.

ifonlyitwaseasier

hmmm know anyone with an old banger who doesn't mind "accidentally" crashing into the wall so that it needs to be taken down before it can be rebuilt?

michaelkav36

a further thought on this, submit the application with the wall removed, state "wall to be removed" dont remove wall and build the drive. Planning officers may visit once completed, if they see the wall still there they MAY send you a letter stating the drive is in breach of planning and the wall has to be removed. This will only work if you are the definate owner of the wall. If you recieve the letter and own the wall, take the letter to your neighbour and tell them that you have to knock it down as the planners have told you so!

Doozergirl

Do you still need planning permission if the drive is a gravel one? I thought it was if you drive was non-permeable?

edit:
http://www.planningportal.gov.uk/england/genpub/en/1115316438498.html

Make it gravel but prepare the ground properly with hardcore and compress it etc.

planning_officer

I think planning permission is probably required for the access to the road rather than the driveway - if there is no access there already (unless it's an unclassified road?). And if it's a flat or maisonette, then they have no permitted development rights, so planning permission would be required for both the access and driveway then.