Can I open up an historic driveway without planning permission?

KTrazor

Hi. We've just been turned down by the Council to put in a new safer, access into our property (we currently have a shared driveway scenario with our neighbour which isn't ideal). Our property was part of a working farm years ago and we have photos showing that there was in fact another access to the property from the highway but it hasn't been used for a while. The gap in the stonework and gate are still there. There is no pavement or kerb to consider as the farm sits on the edge of a lane. Can we simply open up the historic access without planning permission as it has always been there? I'd love some advice about this as we're so fed up with this now. Any legal advice or some ancient law about this would be fabulous - I can't find anything online about this. Thank you.

Grenage

They say it's easier to ask for forgiveness than to ask for permission - especially if there is no real cost involved.

Rusty_Shackleton

Grenage wrote: »

They say it's easier to ask for forgiveness than to ask for permission - especially if there is no real cost involved.

^ this.

If anyone queries it, just tell them it's always been like that. If you can prove it was there, say, 20 years ago, then surely the burden on proof is on others to show that there was a time it wasn't there in between... assuming that proving that's the case would change anything anyway.

Fingers crossed someone who knows the law will share their knowledge, interesting scenario!

markin

Say you've used it for 20 years, who can prove you haven't.


Take photos before you tidy it up.

KTrazor

We've only been here for 5 years. Folks have lived next-door for over 20! We do have a photo dated 1998 with the secondary access clearly shown but it has been unused for a while. Hoping for an ancient law about about this in our favour...

datostar

Probably a matter for your local Highways Dept. (usually County Council in England if that's where you are) rather than the local Council. Perhaps an informal approach to them in the first instance. As you won't be making any kind of structural alteration (unless you need to go over a roadside verge), safety and visibility seem to be the main issues.

Ant555

it sounds like the gap is there so you are not creating anything new, just deciding to drive your car on and off now by removing a few weeds?

Whats to stop you doing this today - is it a muddy field and you need to put down some hardcore etc?
Is it on a blind bend, busy or dangerous part of the road or does it impact on anyone elses property (who may decide to complain)

PasturesNew

Risk is partly cost.

If it cost you £100 to bang a gate on there ..... and £50 to put it back how it is now if it was ever queried, just do it.

If it'd cost you £5k to get a gate there and £3k to unpick the work, get permission

M_Python

What reason did the Council give you for rejecting your application for a new access?

KTrazor

Thanks. The reason for refusal was that visibility splays were short in one direction at the new access that we wanted to create, but would still be 100% safer than our current 'shared-drive scenario' that is so close to a downhill bend. We wanted to move the new access further up the lane to make it safer for all concerned but as the lane is a 40mph zone and is never properly policed, vehicles travel around 55mph and there have been loads of accidents. We've done everything by the book - architects plans, trees, ecology and all the rest of it over 6 months to create a safer option for us and they've just turned us down. The historic access - the one we want to re-open - is a bit further along the lane away from the bend so is still much safer. It doesn't impact on anyone at all.

Davesnave

datostar wrote: »

Probably a matter for your local Highways Dept. (usually County Council in England if that's where you are) rather than the local Council. Perhaps an informal approach to them in the first instance. As you won't be making any kind of structural alteration (unless you need to go over a roadside verge), safety and visibility seem to be the main issues.

Highways would just apply the same visibility rules as they've already applied to the previous application, so knowing what these are, the OP will be able to gauge the chances of success by that route, assuming permission is required. I have doubts that it is.

Personally, I would begin using the old entrance incrementally, rather than ask Highways for permission. It's much easier for them to be reactive than to spot the new use and take the initiative to check it out.