Planning Condition to stop up a highway. How?

Cash-Cows

This sounds an unreasonable condition and probably wouldn't meet the six tests. You cannot force people into a process over which they cannot control i.e a stopping up because the process is completely separate.

I would be interested in seeing the wording of the condition and also whether the lay-by was contained within the original planning application's red line or blue line or if it was neither.

EachPenny

Cash-Cows wrote: »

This sounds an unreasonable condition and probably wouldn't meet the six tests. You cannot force people into a process over which they cannot control i.e a stopping up because the process is completely separate.

In planning terms you can, and it is common practice.

For example, a developer being expected to fund the cost of parking restrictions which have to be implemented before construction starts.

I'd say the only one of the six tests where there is even a doubt would be whether the condition is reasonable. The need to provide parking in association with residential development is an established requirement (except in exceptional circumstances). The developer has the option of providing the parking within the development boundary, but presumably this would limit the development potential of the site. Meeting the parking requirement by placing the bay on the public highway is an alternative approach, provided that the bay is available for use when needed by the occupier of the developed property.

If the space is to be reserved for the use of the occupier, then it is reasonable for the highway authority to expect them either to pay for the exclusive right (legally dubious) or to remove the land from the public highway since the rights of the public would no longer apply if an ajoining owner had exclusive use of that space.

The only question is whether the Highway Authority can justify the removal of the public right to use the space, which is why they need to follow the stopping up process.

If the public object, then the developer needs to rethink the development so the parking provision is met in some other way.

Barny1979

EachPenny wrote: »

In planning terms you can, and it is common practice.

For example, a developer being expected to fund the cost of parking restrictions which have to be implemented before construction starts.

I'd say the only one of the six tests where there is even a doubt would be whether the condition is reasonable. The need to provide parking in association with residential development is an established requirement (except in exceptional circumstances). The developer has the option of providing the parking within the development boundary, but presumably this would limit the development potential of the site. Meeting the parking requirement by placing the bay on the public highway is an alternative approach, provided that the bay is available for use when needed by the occupier of the developed property.

If the space is to be reserved for the use of the occupier, then t is reasonable for the highway authority to expect them either to pay for the exclusive right (legally dubious) or to remove the land from the public highway since the rights of the public would no longer apply if an ajoining owner had exclusive use of that space.

The only question is whether the Highway Authority can justify the removal of the public right to use the space, which is why they need to follow the stopping up process.

If the public object, then the developer needs to rethink the development so the parking provision is met in some other way.

Spot on response

Richard_Webster

Town & Country Planning Act 1990 s247 provides for stopping up highways to enable a planning permission to be implemented. See https://www.legislation.gov.uk/ukpga/1990/8/section/247

If the Land Registry doesn't show the area of the road to be de-highwayed as registered then it is highly likely that the general presumption would apply that without evidence to the contrary the land to the middle of the road belongs to the person owning the land on that side. So get the road closed and then apply to the Land Registry to add the area to the title.