Planning application - they are developing on our land

eddddy

G_M wrote: »

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......

Yes - they will grant permission based on the plans submitted.

If the plan shows say 5 flats and 5 parking spaces - that's what you must build.

If instead you build 5 flats with 4 parking spaces (because you don't own the land for the 5th space), the council will take enforcement action - possibly even making you knock the flats down.

davidmcn

G_M wrote: »

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......

They could, but they'd then have to implement their development in accordance with the approved plans...

The planners do not check what ownership or other rights applicants have, and if you read planning committee reports you'll often see similar objections about access rights or breach of covenants being brushed off as not planning concerns.

As for the lack of notification - the OP can complain about that if they want, but the response might be a notification being served, to tell them about the application which they obviously already know about!

G_M

Thanks edddy..... b...b...bbbut surely it makes more sense to ensure the plans are actually realistic/buildable before approving?

Not doubting you - questioning the process!

davidmcn

G_M wrote: »

Thanks edddy..... b...b...bbbut surely it makes more sense to ensure the plans are actually realistic/buildable before approving?

Not doubting you - questioning the process!

Whether it's realistic is the developers' problem. In practice they'll satisfy themselves on the feasibility (and get contracts signed up with vendors etc) before spending time and money on a planning application. They wouldn't want to go through all the hassle of getting planning permission and then have people like the OP holding them to ransom (if the OP has the power to do so - not sure from what's been said).

fuzzipeg

I share G_M's feelings, but can see that the council probably wouldn't want to get involved in every neighbourhood dispute...

We have a number of potential grounds for objection besides them not owning the land they intend to use (!). The building is listed and in a conservation area, is out of general keeping with the area, lacks outdoor space etc. - just need to tie each one of these vague objections to a couple of tight policy statements from the local plan for housing.

Thank you all for your help thus far.

moneyistooshorttomention

DandelionPatrol wrote: »

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.

That is what I would be doing too:T It looks to me as if you cant stop them coming up your driveway if there is a ROW on it. However, I have been reading quite a bit about ROWs recently and it appears there is no "right to park" on a ROW and its possible to stay in place long enough to load and unload - but not to park as such - from what I read. This because ROWs cannot be blocked and thus other vehicles entitled to use them wouldn't be physically able to do so because of an obstacle in the way (ie a parked vehicle).

So - unless there is wording that states that the ROW has that added extra to a normal ROW of a "right to park" on it too - then loading/unloading is all they can do on it.

Better specifically check how wide the ROW is too.

Madmel

Had a similar issue 2 years ago where the access to the proposed conversion implied that they could use my driveway (they couldn't). To compound matters, this property was next door but one to mine, and we received the notification from the council, but the neighbours between us (immediately adjacent to the conversion) did not.

We went to look at the plans at the local council office and talked to the (non-expert) lady there who agreed that they were unclear. She contacted the main planning officer on our behalf and he asked us to email informally so he could explain how to word our objection.

In the meantime, my next-door neighbours took the direct route and went straight to the landowner who had submitted the plans. His agent came down to meet us and over a cup of coffee we explained our issues. He thought that we would be confrontational, and was really surprised that we wanted to work with him. We expresses our disappointment that he had submitted the plans without chatting to us as all our issues were in fact resolved over that coffee.

A couple of civilised conversations, talking over the plans with the lady in the council offices and thinking constructively definitely worked for us. We now all have separate driveways (paid for by the landowner) and a delightful young couple as neighbours who are doing the conversion themselves - it's looking fantastic. Hope this helps.

Doozergirl

Madmel wrote: »

Had a similar issue 2 years ago where the access to the proposed conversion implied that they could use my driveway (they couldn't). To compound matters, this property was next door but one to mine, and we received the notification from the council, but the neighbours between us (immediately adjacent to the conversion) did not.

We went to look at the plans at the local council office and talked to the (non-expert) lady there who agreed that they were unclear. She contacted the main planning officer on our behalf and he asked us to email informally so he could explain how to word our objection.

In the meantime, my next-door neighbours took the direct route and went straight to the landowner who had submitted the plans. His agent came down to meet us and over a cup of coffee we explained our issues. He thought that we would be confrontational, and was really surprised that we wanted to work with him. We expresses our disappointment that he had submitted the plans without chatting to us as all our issues were in fact resolved over that coffee.

A couple of civilised conversations, talking over the plans with the lady in the council offices and thinking constructively definitely worked for us. We now all have separate driveways (paid for by the landowner) and a delightful young couple as neighbours who are doing the conversion themselves - it's looking fantastic. Hope this helps.

I love a happy ending

princeofpounds

I think this has been covered already in some ways, but it's important to be really clear about it.


Planning permission and the ownership of land are totally separate.


I can apply to build a multi-storey carpark on Buckingham Palace if I like. That would get turned down for many reasons, but not being the Queen would not be one of them.


The reason is that, if you want to buy a building plot, but do not want to take the risk of planning after you have spent hundreds of thousands, you can apply for permission before buying the plot.


Obviously there are many other reasons to protest against a development, and there are technical issues such as whether they have informed you as a landowner or not.


But I would also encourage the dual track approach described above. The developer may not actually be aware of the legal arrangement surrounding your driveway. Or they might be planning to make you an offer. If you speak to them, you can find out what the situation is. It will also help you get ahead of the game if they are hostile (which is actually not that likely I would guess), rather than waking up to a digger on your driveway with no warning. For that reason you should also explore ways of contesting the application - only issues that relate to planning policy are meaningful, don't waste any time making a general complaint about how you don't like it.


You will probably find that the developer is willing to clarify things to reassure you and to prevent a complaint against the development. Although you should rely on their documents and not on just what they say!

fuzzipeg

Thank you all for your help and advice.

I have politely emailed the developer's agent requesting further information about the development, to put our minds at rest about a number of issues, and also to alert him to our interest in the driveway. I have also queried with the planning department about our lack of notification etc.

Our solicitor popped out for a site visit this afternoon (it is a slightly weird site, not clear from the plans unless you're stood on site), and confirmed our understanding that they can't just bung parking on our land, merely seek permission to do so.

Will update if/when we hear from the developer/council.

Thanks again!