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

thegreenone

Eldi_Dos said:

@NicolaDod
                       
If the site is in a busy urban area with a shortage of land it looks to be a ideal site for a mobile mast and associated cabinets and equipment. All they would need is a power supply and some ducts laid into site.The owner of such a site gets quite a good income from such.

But the developer still needs access and PP to do all that.  If OP's block and next door say No to access, they're still stuffed.

Eldi_Dos

thegreenone said:

Eldi_Dos said:

@NicolaDod
                       
If the site is in a busy urban area with a shortage of land it looks to be a ideal site for a mobile mast and associated cabinets and equipment. All they would need is a power supply and some ducts laid into site.The owner of such a site gets quite a good income from such.

But the developer still needs access and PP to do all that.  If OP's block and next door say No to access, they're still stuffed.

Not my reading of the site layout, that would be considered a easy site to service.
Not aware of local rules in London but I do not think PP applies.

Slinky

Am I right in thinking that if the builder starts digging, even with just a small amount wth spade and barrow, calls in the building inspector to verify that he's started, he will have started within the 3 years of permission and it won't lapse?

NicolaDod

@Slinky They might be able to, it’s not super clear. In the list of conditions, planning permissions say:

No works on site above ground level shall commence until the following detailed design information has been submitted to and approved in writing by the Local Planning Authority:

1. Refuse storage

2. Cycle storage

3. Security lighting

4. Gated side access

The approved details shall be provided prior to occupation and retained for the lifetime of the development.

The items have been approved, but can’t be provided prior to occupation because we haven’t said they can build it.

So maybe they can start, but will constantly be in breach? I’m really not sure, it’s a good question to call the council with. The developer seems to think it’s the case but that could be tactics to try and get us to rush our decision. 

thegreenone

Eldi_Dos said:

thegreenone said:

Eldi_Dos said:

@NicolaDod
                       
If the site is in a busy urban area with a shortage of land it looks to be a ideal site for a mobile mast and associated cabinets and equipment. All they would need is a power supply and some ducts laid into site.The owner of such a site gets quite a good income from such.

But the developer still needs access and PP to do all that.  If OP's block and next door say No to access, they're still stuffed.

Not my reading of the site layout, that would be considered a easy site to service.

If the Freeholders of the two blocks do not give permission for entry to the plot, how can it be an easy site to service?

@NicolaDod Have you/your fellow freeholders been back to the Council to say that you are now the Freeholders, arranged after PP was given and asked how to proceed?

EssexExile

thegreenone said:

@NicolaDod Have you/your fellow freeholders been back to the Council to say that you are now the Freeholders, arranged after PP was given and asked how to proceed?

Who owns the land has no bearing on planning permission.

thegreenone

EssexExile said:

thegreenone said:

@NicolaDod Have you/your fellow freeholders been back to the Council to say that you are now the Freeholders, arranged after PP was given and asked how to proceed?

Who owns the land has no bearing on planning permission.

The permission for access has changed.  If I have read the thread correctly (happy to be proved wrong), the previous Freeholder of OPs block applied for and was granted PP, but they no longer have the freehold of the block and it's perimeter - only the small plot of land.  So it's up to the current Freeholders (OP et al) and next door whether access can be granted to the plot of land.  Together with where builders will park, skips, skip deliveries/collections, where building materials will be placed/stored and toilet facilities. Most of which appears to be on the OP's parking space.  

NicolaDod

thegreenone said:

The permission for access has changed.  If I have read the thread correctly (happy to be proved wrong), the previous Freeholder of OPs block applied for and was granted PP, but they no longer have the freehold of the block and it's perimeter - only the small plot of land.  So it's up to the current Freeholders (OP et al) and next door whether access can be granted to the plot of land.  Together with where builders will park, skips, skip deliveries/collections, where building materials will be placed/stored and toilet facilities. Most of which appears to be on the OP's parking space.  

The original freeholder is completely out of the equation now, they first sold the back plot (with PP) to a third party, then sold the front/main freehold to us. 

When selling the back plot, they allowed for access via easements. I don’t know the extent as I haven’t received the transfer document that details it, but I know it contains right of access along the path. But yes, the rest is as you said, all of the land needed for the larger items skips, porta-loo etc. they do not have the right to use as they’re already disposed to us. 

Doozergirl

thegreenone said:

EssexExile said:

thegreenone said:

@NicolaDod Have you/your fellow freeholders been back to the Council to say that you are now the Freeholders, arranged after PP was given and asked how to proceed?

Who owns the land has no bearing on planning permission.

The permission for access has changed.  If I have read the thread correctly (happy to be proved wrong), the previous Freeholder of OPs block applied for and was granted PP, but they no longer have the freehold of the block and it's perimeter - only the small plot of land.  So it's up to the current Freeholders (OP et al) and next door whether access can be granted to the plot of land.  Together with where builders will park, skips, skip deliveries/collections, where building materials will be placed/stored and toilet facilities. Most of which appears to be on the OP's parking space.  

How it gets built and who owns what land or access (as stated above) has *nothing* to do with the planning department.    

There is no conversation to be had with the planners until 
a) a clear breach of the permission (drawings and decision notice) occurs
b) the permission is allowed to lapse and a new application is made.  

Doozergirl

Slinky said:

Am I right in thinking that if the builder starts digging, even with just a small amount wth spade and barrow, calls in the building inspector to verify that he's started, he will have started within the 3 years of permission and it won't lapse?

Yes, you are correct.