Permission to access house via private road

cccs1986

My house currently has no access to the rear and I would like to purchase a parking space from my neighbour at the rear as well as put a gate into my garden. I haven't asked the neighbour if he would be willing to sell yet as I want to find out the legal issues first.

Access to the neighbour's parking space would be via a Private Drive. About 6 other properties also use this private drive.

Assuming the neighbour agrees, would I have to:
Get planning permission for this?
And would I need the consent of all the other properties who use the private drive. I dont' know who owns it, but assume they pay some sort of charge.

Thank you in advance

princeofpounds

It's not a planning issue unless the gate you want to install exceeds certain (large) dimensions AFAIK.

You will not likely need consent of other users, it is not impossible that the easement the users have includes a veto right over new easements, but it is very unlikely. You will need the consent of the landowner(s) however. They may or may not be the same people.

suebfg

You will need the access rights over the private drive. As above, you will need to find out who the landowner is - it is probably one of the houses on the private drive. Note that private roads are notorious for issues and disputes, particularly when it comes to maintenance.

G_M

Fing out who owns the drive by using the 'map enquiry' option on the Land Registry website here.

Pay £3 to download the relevant freehold Title.

cccs1986

Thanks very much for your useful replies.
Quick question. Another alternative to just a gate would be to put a car parking space in my rear garden. Would I need planning permission for that (assuming my neighbour agreed to sell me the access rights)

G_M

You have not yet established that the neighbour owns the access rights.

cccs1986

Sorry, I didn't make it clear. There is a private drive leading to my neighbour's car park. I would need to access both the private drive, and my neighbour's car park to access my garden.

princeofpounds

Some kind of driveway on your own property will require planning permission. IIRC it depends on the size and material you use.

You may also need to look out for dropped kerb permission from council if what you think is a driveway turns out to public road (sometimes happens, probably not relevant)

G_M

cccs1986 wrote: »

.... Would I need planning permission for that (assuming my neighbour agreed to sell me the access rights)

Class F of the GPDO refers to the provision of hard surfaces, such as parking areas. These are permitted under Permitted Development providing that any hard surface situated between the principal elevation of a dwelling and the highway, or any surface which would exceed 5m², is made of porous materials, or provision is made to direct run-off water from the surface into a permeable/porous area within the property curtilage… not onto the highway.

Owain_Moneysaver

cccs1986 wrote: »

Sorry, I didn't make it clear. There is a private drive leading to my neighbour's car park. I would need to access both the private drive, and my neighbour's car park to access my garden.

Your neighbour has the right to use the drive for his purposes. He might not have the right to allow you to use the drive, whether you buy land from him or not.