Can I open up an historic driveway without planning permission?

tonyh66

I reckon the unused entrance would fail visibility splay, how wide is the verge? can you get the front of your car out to look along the road without it poking onto the road?

KTrazor

Thanks. Yes, the secondary access offers much better visibility than the current access we have as its further along the lane from the bend so much safer for all concerned. We have two photos showing the secondary entrance was used for over 30 years but hasn't been used for probably 10 years or so (a guess as we've only been here for 5).

chrisw

Even though it's your own land, I would have thought it was very similar to right of way legislation.

It is extremely difficult for a right of way to ever be considered abandoned unless someone has signed a legal agreement withdrawing their right.

So i suspect you probably still have the right to use the old access, although it might be worth speaking to a solicitor specialising in rights of way.

Davesnave

chrisw wrote: »

So i suspect you probably still have the right to use the old access, although it might be worth speaking to a solicitor specialising in rights of way.

I agree.


Here, the issue is not whether the drive may be driven on, but whether it may still be used for access and egress onto the council road. i.e. whether the Highway Authority have the right to close it through lack of use.


I would argue that even if they had such powers, and I admit I don't know, it would still be for the Highway Authority to produce evidence in an enforcement situation.

trailingspouse

Why was this old access route abandoned in the first place?

Sea_Shell

It if were me, i'd start clearing the land/drive and then once in a drivable condition, i'd start using the entrance/exit and take it from there. If no one complains or raises the issue, i'd then go all in with new gates etc. or better surface. (not saying its the right thing to do)

What sort of car do you have? A 4x4 that can cope with a bit of uneven ground, or a sports car, that can only just handle a speed bump?

I realise you've referred to it as a "lane", but also that it has fast traffic where they've been lots of accidents, which doesn't sound like a "lane". Are we talking single track, no markings, or an unclassified road but 2 lane, or a classified B road?

What road markings are there by this entrance? Does a solid white line go dotted by your entrance? If so, the Highways Agency already have it designated as an entrance. I see this all the time with Farmers gates/entrances, which look seldom used, if not abandoned (broken gates/weeds etc)

KTrazor

Thanks so much. It's a classified B road but with no road markings at all - not even lines down the middle. It's a 40mph land in open country side and goes un-policed and unchecked so motorists can really fly.
We just want a safer access onto the lane and a better, fighting chance of pulling out without incident.
We do have a 4 x 4 and pretty robust cars so that won't be a problem negotiating the new driveway terrain.

KTrazor

Thanks.
It was an old working farm, part of an estate with several accesses along the lane (the current access and the old one are about 20m apart). When the farm buildings were sold off to create homes some of the accesses were surplus to requirements I guess. This secondary access would give us better visibility when pulling onto the lane.

Kiran

How long has it been disused for? If you go on to google earth it can show you historic aerial photos. All this can add weight to any argument you may need to have. In my area the photos are going back about 20 years

baxio

They'll be checking up on you now you've asked. I've just learnt the same lesson the hard way. Would have been better to just do it and they won't check if they aren't asked about it.