What constitutes a ransom strip?

Biggles

If a developer obtains planning permission on a piece of land, but the access to the road is blocked by a strip of land that the Council owns, is this a ransom strip, or does he have the right of access to the highway?

It's complicated by the fact that the strip is a steep bank and he wouldn't have the necessary visibility splay unless a fair amount of earth was moved from the bank.

I don't yet know whether it's owned by the District Council or County Council (I assume the latter could mean it's part of the highway??).

epz_2

i would imagine that since the government own the roads and pavements that every development would be in the same position of the parts of land adjacent to the roads. i seriously doubt anyone in the council has the brains to ransom people, they will be getting 1,000's in extra tax anyway.

if we are talking about more than a few feet then you might need to talk to the council but since you need to do this for planning permission its not like it will be that big a deal.

geo555

I believe that the developer would have to pay 1/3 the increase in the value of the land to the owner of the "ransom strip" for access (Stokes v Cambridge Corporation).

Matt160580

You can check the extent of adopted highway at you local authority highways department, free if you visit in person, ring first.

Ransom strips are always privately owned pieces of land that do not form part of the adopted highway. If say for example the land is owned by the local authority estates department then yes they can hold you to ransom, especially if they don't like the idea of development.

Ransoms are complicated and need not be land title, things like trees, walls, hedges etc in adjacent ownerships that obscure visibility splays can also be ransoms.

I.e. I have a piece of land with planning permission on it, my access road in has a required visibility splay (required and stipulated under a planning consent) but to get this required visibility splay I need to get rid of the wall which is on you piece land adjacent to mine. Visibility splays can range from 30m to 120m and more.

Check land title, a person can own a piece of land but sometimes other person/s have right to access it, this is found within the charges section of an office copy entry for that land title, these are found at Land Registry (public information so you don't have to be the owner to obtain copies - available online at LR). These rights of access are usually for maintenance some are historical and may allow you to cross the land at stipulated times with a horse and cart etc!!

Biggles

I've checked the land title, Matt, but it's unregistered.

On all old plans I've seen, this strip has its own boundary. And it certainly wasn't part of the plot conveyed to the developer, as I've downloaded that title document. And Council workmen have (occasionally!) cut the grass on it over the years, so we have always assumed they own it.

However, Highways seemed happy with the (broadly similar) access plans after a previous (successful) application for the same plot but that was before I realised the developer didn't own the strip. Maybe Highways hadn't checked on ownership, on the basis that it was the developer's responsibility to check?

Like the example you quote, this strip has a wall next to the footpath, with a bank rising behind it, so it's well above the height of any car waiting to pull out, and the wall and the bank would need substantial changes to give a splay.

I'm going to see the Case Officer in the Planning Dept later this week and may learn more. Or not....

Matt160580

The local authority won't be bothered about who ownes of the land are the only thing they will be bothered about is that planning conditions are complied with i.e vis splays, access etc.

The developer will more than likely have to take out indemnity insurance just incase anyone does come forward and make a claim on the land. Without this sort of insurance it will be dificult to sell the end product as it would be flagged up by any good lawyer.

One thing worth looking at would be to check the red edge plan on the application forms as if this land is included within the red edge and they have filled out cert a on application forms i.e (no one before 21 days except the applicant was the owner...) then they have lied and said they own this land. Normally they would have to fill out cert b to say they have served notice on all owners.

Good luck!

Biggles

Matt160580 wrote: »

One thing worth looking at would be to check the red edge plan on the application forms as if this land is included within the red edge and they have filled out cert a on application forms i.e (no one before 21 days except the applicant was the owner...) then they have lied and said they own this land. Normally they would have to fill out cert b to say they have served notice on all owners.

It may be they know the Council own it and have served notice on them; I'll find that out in the morning. What should their procedure have been re forms etc if the owner of the land was unknown to them, not cert a or cert b?

Biggles

The other thing, of course, is that I realise that the council will only be concerned with things like visibility splays. However, at the moment there isn't any visibility splay to speak of from 2.4m back from the road, as the bank will be above the head height of any driver. If the developers don't own (or otherwise have control over) the bank, thus being able to create an acceptable splay by removing a great deal of earth, would the council still grant PP?

nurseh

I have a large garden with a ransom strip between fence and garden. The housing association will not sell it as I am trying to get parking off the road. Do I have any rights? can I force them to sell? any ideas:money:

RLH33

Biggles wrote: »

The other thing, of course, is that I realise that the council will only be concerned with things like visibility splays. However, at the moment there isn't any visibility splay to speak of from 2.4m back from the road, as the bank will be above the head height of any driver. If the developers don't own (or otherwise have control over) the bank, thus being able to create an acceptable splay by removing a great deal of earth, would the council still grant PP?

If you do not own the land upon which you are applying for planning permission but you do know who the owner is - in this case the Council - you would need to sign Certificate B as part of the application and serve notice on the Council as owner. The fact that you do not own the land will not stop the Council, as the Local Planning Authority, from granting planning permission as long as everything else is acceptable, and the visibility splay will not the only thing they are concerned about, appearance, impact on streetscene etc etc will also be taken into account.

If permission was granted it would then be up to you to get permission from the Council as landowner. You may also have to apply separately to the Council as Highway Authority to get any kerbs dropped or alter any pavements etc.