Planning application - they are developing on our land

fuzzipeg

Hi,

A planning notice has just today been issued for a commercial building to the rear of my house - it is to change the building into four residential properties. Objections must be received within 21 days.

As part of the planning application, two parking spaces (of the seven for the four proposed houses) are on my driveway. I have to give a right of access to the commercial property to the rear, which I have no real issue with. However, does that right of access extend to them stopping and parking on it (and presumably selling the parking space along with the houses)?

Furthermore, my house is not listed on the notification list, which are the addresses which get a letter directly from the council inviting comments etc. about the application. I am the only property that directly adjoins the piece of land which is being developed.

I do intend to ring the council tomorrow, but I wanted some idea in advance on whether or not I am being realistic in my expectations. Apologies if this has been covered before - I didn't find anything directly relevant in my search!

Thank you in advance for any advice that might be available!

bigfreddiel

If it really is your land put a fence around it.

fj

Ulfar

You might want to get legal advice.

I would certainly object as access is access, this doesn't give them the right to include your land in their development. I would also ask for advice on whether by changing the use of the land the right of access would be changed.

fuzzipeg

Thank you both.

I do have a big double gate which is generally kept shut and locked unless I'm just nipping out in the car locally.

I will also contact the solicitor who dealt with the house purchase last year - he warned us about the right of way/access over our driveway. Logically I can't see that a right of access extends to selling the parking space, but hey ho!

DandelionPatrol

I think that a complaint to the council about non notification is in order as the planning application directly changes your property. A little bit of research first, because I believe that although a planning application can be made over someone else's property this has to be declared in the application, if not notified directly by the applicant.

As for the rights they have, look carefully at your title document and supporting deeds from the Land Registry to confirm the exact terms of the easement over your property to confirm that there is no right to park.

Mojisola

DandelionPatrol wrote: »

I think that a complaint to the council about non notification is in order as the planning application directly changes your property.

The application might only get through if enough parking spaces are available - showing the spaces on land that doesn't belong to them is very cheeky!

G_M

bigfreddiel wrote: »

If it really is your land put a fence around it.

fj

If there is a right of access, a fence would breach their rights.

I doubt a right of access would permit parking, far less passing on ownership of the land, but as dandelion says, you must refer to the exact wording. Quote it here if you want further help.

Yes, speak to the planners.
Yes, raise a complaint that you were not on the circulation list.
Yes, enquire about the orm of objection you can raise (they won't 'adise' you, but they should list the type of complaint that would be valid Vs invalid).

PasturesNew

You need to inspect your papers from the purchase/solicitor. They might have a right of way to pass/repass, but not to stop/park and certainly not to sell "bits of your land" as parking spots.

It might be that they're trying to cheat the planning process by showing on the plans that there will be adequate parking for the development, when in fact there won't as they don't own that bit.

Anybody can apply for planning permission on any land - they don't have to own it to apply for planning and to get it granted. Of course, they then can't do what they wanted to as it's not their land.

Dig out your papers.

eddddy

Some comments:


- The developer (or anyone else) can make a planning application to develop part of your land - but they should have told you first:

Can a planning application be made on someone else’s land?
The planning system entitles anyone to apply for permission to develop any plot of land, irrespective of ownership. However, an applicant is required to notify owners of the land or buildings to which the application relates...

link:http://planningguidance.planningportal.gov.uk/blog/guidance/making-an-application/validation-requirements/national-information-requirements/

- The planning department won't be interested in disputes about 'parking rights', rights of access, ownership etc. None of that will have any impact on their decision. If the council grant planning permission, you and the developer will have to sort out those problems between yourselves (in court if necessary).


- It sounds like you need to check your deeds to see exactly what they say about the rights of access.

fuzzipeg

"The land has the benefit of the rights reserved by but is subject to the rights granted by a Deed dated xxx between x and y"

Digging out that deed: This deed then says that "the donor conveys the property to the recipient to hold to the recipient in fee simple together with a right of way in common with the donor all times and for all purposes OVER AND ALONG the area coloured..." (my capitalisation). It then goes on to talk about the repair costs.

Basically the mill ( the bit now up for proposed development) was gifted from the father to the child more than 20 years ago. It has subsequently changed hands at least twice (the last time to us).

G_M

eddddy wrote: »

- The planning department won't be interested in disputes about 'parking rights', rights of access, ownership etc. None of that will have any impact on their decision. If the council grant planning permission, you and the developer will have to sort out those problems between yourselves (in court if necessary).
.

Are you sure edddy? Planners take into account availability of parking in any application, and where there is insufficient parking they'll reject an application.

Surely if the parking rights are disputed, they'd be interested? Otherwise developers could just stick a parking area located on a neighboring property on every development plan they submitted......