Help! Can a builder just come in and do this?

BobProperty

I don't think Highways will be interested. Isn't there a dividing line between, like A & B roads are the Highways interest and side roads are the Local Authority's?

On the other point, how do you know a drive is empty? If there's a garage at the end of the drive with the door closed, is that obstruction or not? What happens if the drive goes out of sight? What if the householder keeps all his cars round the back of the house? I'm really interested in the technicalities of this one. Any links?

Debt_Free_Chick

AMILLIONDOLLARS wrote:

Your quite right Bob, I take it your the builder concerned:D

I think its very poor that no consultation was taken beforehand by the Council, before the certificate was issued and permission given, obviously as he is a professional builder, he knows his way around the planning depts:rolleyes:

He is doing whatever anyone else could and probably would do. Let's be clear here - although I'm only going on what the OP has told us. The rear of his property fronts directly onto a public highway. It seems that there is no pavement between his fence and the road. All he has done is to put a gate in. So ... instead of a fence adjoining the road, there is now a gate adjoining the road.

It seems he applied to the Council for permission to use this gate to access the rear of the property. The only reason he had to do this was for road safety i.e. to ensure that there are clear sightlines when vehicles join and leave the road.

He's created off-street parking - what most of us want! And in doing so, he's actually relieved the area of some potential parking problems.

The OP is upset (and I can understand why) as she and her neighbours used to park on the part of the road which is now directly in front of the gate. But it's a road ... and, as far as I know, no-one can gain a right to park on any part of the public highway. The law of adverse possession does not apply here.

If an MSEer had been in the builder's position and posted here about how to access via the rear of the property, there would have been plenty of encouragement and lots of suggestions of what to do. But a builder wants to do it - for sound reasons - and the daggers are drawn.

Some people - honestly

Debt_Free_Chick

the_other_mce wrote:

Have you spoken to the Highways Department? This is separate to the local council planning dept? In the area where I live we have a district and a county council. The district deal with planning issues but the County have responsibility for the roads and pavements - i.e. the district council may not have an objection but the County councils Highways department might.

True, although where a planning matter affects the highways (as this one does) the local planning authority will automatically get a view from the Highways department of the County Council. So a planning matter could be turned down for reasons of road safety without the applicant evey contacting the County Council.

Good luck with this ( have you thought about getting your own kerb dropped so you can park easily instead of paying for him to have his done?). It is also true that you CAN block an EMPTY driveway without breaking the law......

Doesn't exactly make for a harmonious relationship with neighbours though and if this escalates into a dispute, the OP will have to declare it when they come to sell their property.

To be clear, the OP does not have to pay for the builder to get his kerb dropped. I think he was being cheeky by suggesting "If you don't want me to create off-street parking at the rear of my property, where I have access directly onto the road, then you can always pay for me to have the kerb dropped at the front of the property". The OP either accepts that he uses the road where she currently parks or provides an alternative solution.

Regards

Rimo2021

BobProperty wrote:

I am curious why he bought it. What is the benefit to him? If people have back gates onto this road then there may well be a case for "access" but that's not the same as parking. My concern is a definition of who has the "long-established" use. And, as I said previously, the owner may be able to keep things on "his" land without obstructing "access" to people's back gates.

I am curious as to why he bought it as well. My best guess is that he thought that an official-looking 'no parking' sign would put people off but given the severe lack of parking for flats (these are old tenement flats built around the turn of the 20th century when the only parking needed was a post to tie your horse to ) in my opinion this was a very long shot.

Edit:
Yes - I'm sure you are quite right that he could keep what he liked on 'his' land. Maybe his best bet is to keep enough stuff there to prevent anyone parking there for 12 years. I suppose as it's private he could keep old bangers there without having to pay road tax etc?

clutton_2

:shocked: thread creep or what ??????

the_other_mce

:huh: who?

clutton_2

lol !!!!!!

i did not mean a particular person !!!!!!! just the theme of the thread !!!!!!!!!!!!


very funny tho !!!!!

the_other_mce

clutton wrote:

lol !!!!!!

i did not mean a particular person !!!!!!! just the theme of the thread !!!!!!!!!!!!


very funny tho !!!!!

:rotfl: :rotfl: :rotfl: Sorry - I'm still quite new to this....( even tho' I've been upgraded to a 'not so newbie ms'):beer: