Developer requires extensive access to our land (general advice welcome and wanted)

Slinky

MikeJXE said:

Slinky said:

I see no mention of electric.  How do the developers plan to build the bungalow without using any electric?

A generator, a petrol mixer. Hand unloading, barrow for concrete or an overhead crane, back to the 60s 

So nice and disruptive for the surrounding properties.

MikeJXE

Slinky said:

MikeJXE said:

Slinky said:

I see no mention of electric.  How do the developers plan to build the bungalow without using any electric?

A generator, a petrol mixer. Hand unloading, barrow for concrete or an overhead crane, back to the 60s 

So nice and disruptive for the surrounding properties.

That's how it was back then and how it could be again

Simple to stop this project by saying no to everything 

Grumpy_chap

Gavin83 said:

The developer potentially might have permission to access the site along the path. However they certainly don’t have the right to be putting skips on your land, putting wires/gates on your building and they certainly don’t have the right to be building permanent structures on your land.

If I was the OP, I'd make things as difficult as possible.

The connection of electricity, water, waste will be a red herring objection if the build goes ahead.  The developer will apply to the statutory utilities who will be obligated to provide services.  The utility companies will try to gain easements by agreement but will use their statutory powers if agreement cannot be obtained.  Still will delay things though.

Was the OP resident when planning permission was applied for?  If so, did they object then?  If not, why did the OP's Solicitor highlight this from the local search?

warby68

I think it would be a big fat no from me.

No to skips and toilets on my land 
No to building on my land
No to using my tap
No to digging my path up

Unless any of these rights already exist (and I doubt it and suspect the site layout etc originated when the bungalow plot and OP's building were all under same ownership and even one intended overall development)

Reasonably happy to consider more detailed proposals including proposed compensation and remediation to be reviewed by our own solicitors at developers' cost.

I am quite puzzled though as I just do not see how the bungalow will 'work' with no proper access of its own. 

It sounds like a last ditch attempt to extend PP on the cheap with some 'cheeky' wants from the developer to achieve that, almost as if they have forgotten they don't own any of the land apart from the plot itself.

theoretica

The planning permission plans - how close are the walls to your boundaries?  Will the new bungalow own outdoor space (which could be used for bin and bike) or will it be built right up to the boundaries - in which case the party wall act may mean that they should have informed you - and side/back neighbours if their boundaries are also being built up to.  And I think they are supposed to give two months notice before starting work.  Handy that...  Maybe worth talking to side/back neighbours too?

NicolaDod

Alderbank said:

Without photos or a plan I'm struggling to understand the layout.
Is it anything like this?
If so, what borders the bungalow plot on the sides marked ?
Could the developer be in discussions with the owners of any of those boundaries?

Oh wow this is an almost exact drawing of the plan!

the standard walkway and access path are the same thing (access path is the correct positioning) 
The areas with question marks starting from the top and moving clockwise are
- next door neighbour garden
- back neighbour garden
- next door neighbour garden and car parking area. 

MikeJXE

NicolaDod said:

Alderbank said:

Without photos or a plan I'm struggling to understand the layout.
Is it anything like this?
If so, what borders the bungalow plot on the sides marked ?
Could the developer be in discussions with the owners of any of those boundaries?

Oh wow this is an almost exact drawing of the plan!

the standard walkway and access path are the same thing (access path is the correct positioning) 
The areas with question marks starting from the top and moving clockwise are
- next door neighbour garden
- back neighbour garden
- next door neighbour garden and car parking area. 

If the next door neighbour has a garden and car park area they must have a drive,

Why isn't the builder going in that way ? 

NicolaDod

Eldi_Dos said:

 @NicholaDod
                 
 Seems like the developer has bought a pig in a poke and the original freeholder has done well.

Do you know if they have a business or family connection ?

You should not let anyone else's perceived timetable influence you in anyway.

I am a bit bemused how a path 0.8 mts is considered acceptable for a development as it does not seem fit for mobility users.

One question to ask yourself is would the proposed bungalow add value and amenity to your property or detract from it.

Potentially, the original freeholder had a lot of small property businesses on companies house, but the land has been sold twice in the last three years and the current owner had no clue who the freeholder was when I mentioned him. 

I think the initial appeal may have been that the freeholder didn’t live in the building and therefore would have said yes to all of the requirements, my lease stated that he had authority to move my parking space (though this would place it in front of the door used to access one of the flats).

I think the mistake of the developer was not asking for all of these things to be agreed as soon as they purchased the land. My parking space is still its original position as the freeholder never sent a notice to move it. 

Doozergirl

NicolaDod said:

Eldi_Dos said:

 @NicholaDod
                 
 Seems like the developer has bought a pig in a poke and the original freeholder has done well.

Do you know if they have a business or family connection ?

You should not let anyone else's perceived timetable influence you in anyway.

I am a bit bemused how a path 0.8 mts is considered acceptable for a development as it does not seem fit for mobility users.

One question to ask yourself is would the proposed bungalow add value and amenity to your property or detract from it.

Potentially, the original freeholder had a lot of small property businesses on companies house, but the land has been sold twice in the last three years and the current owner had no clue who the freeholder was when I mentioned him. 

I think the initial appeal may have been that the freeholder didn’t live in the building and therefore would have said yes to all of the requirements, my lease stated that he had authority to move my parking space (though this would place it in front of the door used to access one of the flats).

I think the mistake of the developer was not asking for all of these things to be agreed as soon as they purchased the land. My parking space is still its original position as the freeholder never sent a notice to move it. 

People have gotten quite excited on this thread and some of them don't really understand what they are talking about, especially where they are telling you to refer back to the planning department as a first resort.  You can't undo planning permission.  It can lapse after three years and need renewing, you can apply for variances, but it cannot be purposely removed. 

The strongest likelihood is that your deeds do contain the correct rights for this build to go ahead in accordance with the planning permission, including building on your parking space, although there is some possibility that it isn't, which is why legal advice is most important. 

It is more unlikely that there is any provision for your property to host the workings of a building site or supply utilities to it.   The property will need them anyway when it is built and utilities will be well used to providing a temporary supply to plots, so the developer should be getting utilities put in first to solve that issue.  Having a host dwelling provide services is a luxury, not a right and so it's possible that permission will lapse if you aren't immediately helpful, resulting in a new application.  

Have you spoken to your conveyancer yet? 

NicolaDod

MikeJXE said:

NicolaDod said:

Alderbank said:

Without photos or a plan I'm struggling to understand the layout.
Is it anything like this?
If so, what borders the bungalow plot on the sides marked ?
Could the developer be in discussions with the owners of any of those boundaries?

Oh wow this is an almost exact drawing of the plan!

the standard walkway and access path are the same thing (access path is the correct positioning) 
The areas with question marks starting from the top and moving clockwise are
- next door neighbour garden
- back neighbour garden
- next door neighbour garden and car parking area. 

If the next door neighbour has a garden and car park area they must have a drive,

Why isn't the builder going in that way ? 

Yes sorry my shock at the accuracy of the drawing made me miss @Alderbank ‘s last point. 

Next door have one of those buildings that arch over a driveway and allow vehicles to drive through to the back. This would be a perfect access point for the developer, but they have refused access. Perhaps as again, it would impact parking spaces (that are frequently in use, pictured below)