Property being built over our access rights

Maddie

There is a strip of land next to our house which is owned by a property developer. We have access rights over this to get to the top of our garden. This is stated in the title deeds and in our house purchase contract.

The land owner has put in a planning application to build a house on the land which would not leave room for our access.

I know he is not allowed to do this - but how can we stop him without it costing us a fortune in solicitor's fees?

We have been informed by the council (and I have just read on their website) that private matters such as this are not considered as part of the planning permission decision.

spacey2012

If you title deed, it is not a private matter and the council was wrong.
write your objection and include a copy of the deed showing your accesses rights.

G_M

Wait till the house is built then start walking through the front door, down the hallway, and out the back to get to your land. You'll have every right.

You might have to take a jemmy with you.....

Annisele

I'm not so sure the council is wrong (but I'm not an expert in this).

Planning permission really goes with the land, not with a person. In theory you can apply for planning permission on somebody else's land - but getting it doesn't give you the right to actually build.

OP - would it be possible for the developer to give you access to your garden some other way? Or does the layout not allow that?

If you could get access some other way, would you still object to the new house being built?

paddedjohn

If you lose this access will you have no other way of getting into your garden apart from through your house?

phill99

Have you actually seen a copy if the proposed plan? It maybe that the actual house is set away from the access strips. There may well be a joint access strip that may from part of the demise of the new dwelling, but which you will retain access over.

He is allowed to seek planning permission. Bizarrely, any person can submit a planning application for any land, providing they inform the owners.

Guest101

The council is wrong, just register your objection

embob74

Planning permission can be requested on land which is not owned by yourself but there is usually a question on the application form asking the applicant to confirm they have permissions to do so.
Write in asap as there is not usually a lot of time to object. Perhaps speak to our local Parish Council and ask them to object on your behalf too.

Maddie

Thanks all. Well the deadline for objections is today so I've just put in an objection although I suspect it will not be considered.

The land next to us used to be the road but a new road was built by the property developer. There is a space at the top of our garden that used to be a car park although we have never used it as one. The access rights state that we have rights of access with or without vehicles. We had thought we might put a garage at the top of the garden one day but its down a long list of priorities.

There isn't any room for a house plus our access by car, neither has the developer shown any consideration of this - i think he is just pushing his luck.

Aside from the access issue we don't have any valid reason to object - just that its nice not having a next door neighbour and we'd get a bit less evening sun etc.

Guest101

I imagine that u can still object to the developer direct even if it's granted

princeofpounds

Planning permission is almost entirely separate to rights-of-way. Planning permission is only about if the building passes planning policies, *not* a judgment on whether the building is legal in all respects.

Visit gardenlaw rights of way forum to get more advice on this.

But in short planning permission can be applied for and granted on almost any land. In theory I could apply to build a multistory carpark in Hyde park. It does not mean that the person applying for it can violate others rights and this will not be a consideration of the planners in many respects. So don't panic, although a well-organised objection would have been a handy first step.

But if you want to preserve it you will need to enforce your right, perhaps even via a court order ultimately.

Also worth doing as the developer may want to buy you out of your right of way if they can't ignore it.

Will try to add more detail tomorrow.