Unadopted Road

shelley_hl

Hi there, we have bought a smallholding and the access to the house is off an unadopted / private road. We have established access to the farm through prescriptive rights, it had been used for 20+ plus by the farmer we bought from. We plan to convert one of our barns using Class Q development rights into an additional dwelling. Neighbours have previously stated that no-one could build within our small holding due to the unadopted road. Is this correct? Can the neighbours object to this build and effectively block access by not permitting it, as the road is private? Many thanks.

user1977

I think there's a principle that you can't necessarily increase the burden of an easement e.g. if a farm has prescriptive rights, they can't then build a whole housing estate with dozens of houses using their rights along the road. But I'm not sure if that kicks in with just one more dwelling being built. I would suggest you seek legal advice on it, especially if neighbours are likely to kick up a fuss.

comeandgo

I would have thought it would be due to the fact the road is private not that it’s un adopted.

shelley_hl

Thanks both- I'm unsure on what control the residents of an unadopted have. I have read round quite a bit, and can see a lot of info about the responsibilities residents have regarding upkeep of the road, but cannot find much about access and easements, and whether they would have the right to block an additional dwelling being built (with permitted development rights).  

user1977

comeandgo said:

I would have thought it would be due to the fact the road is private not that it’s un adopted.

Not sure what you think the distinction is? Unadopted just means the council don't maintain it - which means whoever owns the land is responsible for it.

sheramber

You have rights to use the road for access.
Who owns the road?

shelley_hl

It is a private road, which means it has not been adopted by the local authority and are not maintainable by them, but by the respective frontagers.

Falafels

We've just moved into a house on a private road. There is a small field opposite us which is owned by the local council and rented out to someone who keeps horses on it.

I don't know all the details about this, as we weren't living there at the time, but apparently the council wanted to build on the field a few years ago - and the residents successfully blocked it on the grounds that they wouldn't grant access.

It probably helped that one of the residents is a solicitor!

Section62

shelley_hl said:

We plan to convert one of our barns using Class Q development rights into an additional dwelling. Neighbours have previously stated that no-one could build within our small holding due to the unadopted road. Is this correct? Can the neighbours object to this build and effectively block access by not permitting it, as the road is private?

Have you obtained professional advice regarding the feasibility of Class Q being allowed?  If not, that would be the best way of answering your question, or if you have had advice already then go back to them for clarification about the access.

E.g. - is the land the barn is sited on actually agricultural use at the present time? A 'smallholding' is not necessarily 'agricultural' for the purposes of planning.

Notwithstanding the issue of legal rights to use the road, the council might take the view that additional development served only by a private road is not acceptable - for example if it cannot be reasonably served by refuse/recycling vehicles - and thus condition Q2(1)(e) might be invoked.

Before upsetting the neighbours too much with discussion about legal rights, I personally would want to confirm (to a reasonable level of probability) that the development would actually be allowed in planning terms.