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Advice over nearby development
Xeorix
Posts: 385 Forumite
In November last year, we bought a house on a small development of about 15 houses that were around 20 years old.
The estate sits in a field, and to the corner of this estate is our house. Our garden backs onto the houses of another road, and then next to us is a house on our estate and then there are fields.
Part of this field land is a strip of field which is not owned by the same people as the larger area, however recently we have found that there is planned development for 4 houses on this strip, and access will be via the narrow access road to my neighbours and our house. It is probably worth mentioning that the current house numbering missing out 4 numbers, as this strip of land was designed to be "phase 2" 20 years ago for another 4 houses - only just found this out.
This strip is gravel, and it not adopted by the council. It is the responsibility of the houses on which it lies parallel with (1/3 our house, 2/3 our neighbours)
Looking through the planning documents, it seems that everything has already been approved, however it states that our address was notified of the development work. We were only made aware of this development by chatting to our neighbours, which was an interesting introduction chat!
I have a couple of questions:
1) As the road they are proposing to use as an access road is unadopted by the council, and states in our deeds that it is the responsibility of our neighbours and our house, does this grant us any right to refuse access to the land using this road?
2) As we, as new owners of the house were never notified, therefore never given our opportunity to object, does this leave us anywhere which may possibly allow us to throw a spanner in the works for now?
The estate sits in a field, and to the corner of this estate is our house. Our garden backs onto the houses of another road, and then next to us is a house on our estate and then there are fields.
Part of this field land is a strip of field which is not owned by the same people as the larger area, however recently we have found that there is planned development for 4 houses on this strip, and access will be via the narrow access road to my neighbours and our house. It is probably worth mentioning that the current house numbering missing out 4 numbers, as this strip of land was designed to be "phase 2" 20 years ago for another 4 houses - only just found this out.
This strip is gravel, and it not adopted by the council. It is the responsibility of the houses on which it lies parallel with (1/3 our house, 2/3 our neighbours)
Looking through the planning documents, it seems that everything has already been approved, however it states that our address was notified of the development work. We were only made aware of this development by chatting to our neighbours, which was an interesting introduction chat!
I have a couple of questions:
1) As the road they are proposing to use as an access road is unadopted by the council, and states in our deeds that it is the responsibility of our neighbours and our house, does this grant us any right to refuse access to the land using this road?
2) As we, as new owners of the house were never notified, therefore never given our opportunity to object, does this leave us anywhere which may possibly allow us to throw a spanner in the works for now?
Cashback
Total Quidco since 2007: £166.64
Total TCB since 2012: £398
Competition Wins
5* Break in Scotland
Total Quidco since 2007: £166.64
Total TCB since 2012: £398
Competition Wins
5* Break in Scotland
0
Comments
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2) As we, as new owners of the house were never notified, therefore never given our opportunity to object, does this leave us anywhere which may possibly allow us to throw a spanner in the works for now?
Notification for neighbours used to be par for the course years ago, but with budget cuts, it's often missed out now.
It's usual for notification to be via the local press and in some 'prominent position' nearby, which might be something like a lamp post.
There is no requirement for the council to notify local individually when PP is sought. All the info regarding the application will be on-line at the planning dept web site.0 -
Notification for neighbours used to be par for the course years ago, but with budget cuts, it's often missed out now.
It's usual for notification to be via the local press and in some 'prominent position' nearby, which might be something like a lamp post.
There is no requirement for the council to notify local individually when PP is sought. All the info regarding the application will be on-line at the planning dept web site.
I was under the impression that any development that might impact local residents was notifiable. In our previous property, we had a letter when our neighbours were having a very small extension, and we were given the opportunity to object.
It does say on the PP portal that our house was notified, however as current owners, we were not. I guess you're saying that doesn't matter?Cashback
Total Quidco since 2007: £166.64
Total TCB since 2012: £398
Competition Wins
5* Break in Scotland0 -
Why did you not find ot about this when you checked with the council about local plans before buying? You did check the local plans and enquire about local PP.....?
1) Who owns the road? What is the exact wording in your Title regarding the road? You need a legal interpretation.
2) No.0 -
Why did you not find ot about this when you checked with the council about local plans before buying? You did check the local plans and enquire about local PP.....?
1) Who owns the road? What is the exact wording in your Title regarding the road? You need a legal interpretation.
2) No.
We checked the planning website as advised, however it turns out the planning website doesn't show all of the applications, and we only found this one when our neighbour told us the reference number!
I'll have to double check the deeds as to the exact wording.Cashback
Total Quidco since 2007: £166.64
Total TCB since 2012: £398
Competition Wins
5* Break in Scotland0 -
Your deeds and transfer might already contain a right of way over this drive for those four houses.0
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I was under the impression that any development that might impact local residents was notifiable.
It does say on the PP portal that our house was notified, however as current owners, we were not. I guess you're saying that doesn't matter?
No, I'm saying that there is no statutory requirement for the council to notify any individual, so it would be no use objecting on the grounds that you were not told.
When I owned a second property, I had no idea that the open space behind it was about to become the garden of a large executive-style house. No info came to me. The council said they had discharged their duty by posting a notice in the local press and placing a sign on a lamp post in the next road.
As it happened, the development in that case was entirely advantageous to me, but it might not have been.
Recently, I had to post my own planning notice 'in a prominent position' because my council claim that budget cuts make it difficult for them to do this.0 -
You need to know who actually owns the road and what rights of way exist over it.Changing the world, one sarcastic comment at a time.0
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