visibility splay of next door development lying on my boundary

agrinnall

I have nothing to contribute to the discussion, but at least I have learned what a "visibility splay" is, never having heard the term previously.

martinsurrey

the_r_sole wrote: »

A 2m high fence to a boundary adjacent to the highway would need planning approval!! Going into negotiations when you don't know the rules is a sure fire way to walk away with nothing

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

just for those who doubt you.

so OP would need planning for a fence over 1m, and if that would obstruct the splay, highways would object which would kill it.

really limits the OP options on this one.

System

martinsurrey wrote: »

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

just for those who doubt you.

so OP would need planning for a fence over 1m, and if that would obstruct the splay, highways would object which would kill it.

really limits the OP options on this one.

yup, the only real way to get a decent payout from the developer would be if, there is already a high fence blocking the visibility, the land is overgrown or has trees/bushes over 1.0m in the splay area, or the land within in the splay is sloping and needs groundworks to achieve the splay
(most splays are stated as 1.0m high so anything below that doesn't come into consideration for achieving splays - hence the pd rules)

davidmcn

the_r_sole wrote: »

yup, the only real way to get a decent payout from the developer would be if, there is already a high fence blocking the visibility, the land is overgrown or has trees/bushes over 1.0m in the splay area

I'm sure some of that could be arranged by the end of the week...

moneyistooshorttomention

I must say that I've wondered before now just who is the one that "cops it" (ie gets in trouble) if an inadequate visibility splay causes an accident to happen that otherwise wouldnt.

Vehicles coming off my property use a visibility splay belonging to a neighbour to help see the way out. The view on that splay is noticeably obstructed by stuff growing on that land. Me - I shrug - and think "Well - it will be that neighbours fault if there is an accident. Nowt to do with me. I'll just tell the person that had the accident who the owner of that land is".

For all you know - the developer might be thinking the same....

davidmcn

moneyistooshorttomention wrote: »

Vehicles coming off my property use a visibility splay belonging to a neighbour to help see the way out. The view on that splay is noticeably obstructed by stuff growing on that land. Me - I shrug - and think "Well - it will be that neighbours fault if there is an accident. Nowt to do with me. I'll just tell the person that had the accident who the owner of that land is".

And you'd be completely wrong. It would be the fault of the driver who pulled out into the oncoming traffic.

Maintaining the visibility splay is a condition of your planning permission, so as far as the planners are concerned it's up to you to sort it out - who owns or occupies the land isn't their problem.

Fuzzyness

martinsurrey wrote: »

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

just for those who doubt you.

so OP would need planning for a fence over 1m, and if that would obstruct the splay, highways would object which would kill it.

really limits the OP options on this one.

you wouldnt need planning permission for a thick bush or bushes to be planted in the vis splay.

System

Fuzzyness wrote: »

you wouldnt need planning permission for a thick bush or bushes to be planted in the vis splay.

that's true, but I would imagine their may be enforcement action taken if planting was done after the establishment of the visibility splays, even if that was left at the door of the developer, I'm sure they would be granted access to remove the scrub if it was a matter of public safety...rather then being forced to pay an unreasonable sum to own the land!

martinsurrey

idlegenius wrote: »

The outline planning permission came with various conditions, one of which was to provide a visibility splay.

I have 2 issues:
(1) One side of the visibility splay falls on my property. I have only just realised that after looking at my land registry papers over the weekend. So according to internet, I presume I can expect some compensation from the developer. Apparently it could be apprx 1/3rd the increase in value.
So is it as simplistic as (500k*2 - 420k)/3 = 193k ? or would that also take into account the builder's costs to build the bungalows?

while the issue of the legallity of the spaly is discussed, its also worth pointing out that you are vastly over inflating the up lift.

The uplift is the increase in value of the LAND, not the development.

Assuming the current bungalow is worth the £420k in its current state, that gives us a base cost.

build costs on 2 bungalows could be anything but lets use some reasonable averages, say £160k each, so £320k build cost, development value £1,000k.

Buying it as a development you would have a 20% margin, so the total costs as a viable development plot are £800k less the build costs of £320 gives a max land price of £480k, which means the land uplift of development is £60k, so "your 1/3" is £20k.

Of course this is all dependand on the size and type of plots.

Fuzzyness

the_r_sole wrote: »

that's true, but I would imagine their may be enforcement action taken if planting was done after the establishment of the visibility splays, even if that was left at the door of the developer, I'm sure they would be granted access to remove the scrub if it was a matter of public safety...rather then being forced to pay an unreasonable sum to own the land!

the developer wouldnt be able to go on to the next door neighbour's property and clear their bushes away. they couldnt require the neighbour to keep the visibilty splay clear as their land was not included within the application site. and besides its a bit cheeky expecting them to. if the vis splay isnt achievable without passing through third party land you have to question why permission was granted in the first place.