Can planning permission be revoked?

caryn14

Not a money saving question, but wondering if anyone is able to point me in the right direction for further information, or has experienced a similar situation themselves. This relates to law in Wales.

Approximately 28 years ago, I was granted planning permission to extend a commercial unit I own. My premises is at the end of a row of three units, so I have side access to the rear. The permission effectively took vehicle access away from two very small storage units at the rear of the buildings for two adjoining properties, whilst retaining their pedestrian access. Neither of the owners of the properties raised objections at the time, permission was granted and building commenced.

I completed the first stage of the work, then money got tight and the direction of my business changed, so the final stage has still not been completed (although through all this time the property is presentable and if you didn't know further work is allowed, you wouldn't think it wasn't finished).

I've recently decided I want to sell the premises and business, with the planning permission still live and have found a great buyer. It's at this point the two neighbours decided they disagree with the permission that took their vehicle access, not having mentioned this in the last 28 years. They've sent me a demand for monetary compensation and rewriting of deeds or they will take proceedings to get the extension removed and planning revoked - argument being their small storage units are landlocked and will devalue their properties.

I haven't contacted my solicitor yet, although obviously I will, but does anyone know if this is even possible as they didn't object when they had the chance? If you can point me in the direction where I can find further information, I would be very grateful.

Thanks

MattMattMattUK

caryn14 said:

Not a money saving question, but wondering if anyone is able to point me in the right direction for further information, or has experienced a similar situation themselves. This relates to law in Wales.

Approximately 28 years ago, I was granted planning permission to extend a commercial unit I own. My premises is at the end of a row of three units, so I have side access to the rear. The permission effectively took vehicle access away from two very small storage units at the rear of the buildings for two adjoining properties, whilst retaining their pedestrian access. Neither of the owners of the properties raised objections at the time, permission was granted and building commenced.

I completed the first stage of the work, then money got tight and the direction of my business changed, so the final stage has still not been completed (although through all this time the property is presentable and if you didn't know further work is allowed, you wouldn't think it wasn't finished).

I've recently decided I want to sell the premises and business, with the planning permission still live and have found a great buyer. It's at this point the two neighbours decided they disagree with the permission that took their vehicle access, not having mentioned this in the last 28 years. They've sent me a demand for monetary compensation and rewriting of deeds or they will take proceedings to get the extension removed and planning revoked - argument being their small storage units are landlocked and will devalue their properties.

I haven't contacted my solicitor yet, although obviously I will, but does anyone know if this is even possible as they didn't object when they had the chance? If you can point me in the direction where I can find further information, I would be very grateful.

Thanks

Planning permission does not override access rights directly, I am guessing that the access rights exists within the deeds?

GDB2222

You built over the neighbour’s driveway without their permission? Really!?

After 20+ years, they may no longer be able to force you to demolish the extension. What does your solicitor say about this?

It is nothing to do with PP, btw.

caryn14

GDB2222 said:

You built over the neighbour’s driveway without their permission? Really!?

After 20+ years, they may no longer be able to force you to demolish the extension. What does your solicitor say about this?

It is nothing to do with PP, btw.

Absolutely not did I build over a neighbours driveway. It's my land, a commercial site, and they have pedestrian access to the rear of their own building over my land.

No objection was raised at the time or over their using it for the last 28 years, it's only raised now I want to sell.

GDB2222

If they had a right of way over your land, then you are splitting hairs about whether it’s their driveway. 

If they have a right of way over the land, why did you block that without permission? That’s what I can’t understand. It just seems zany. 

As I said, ask your solicitor, as they may have left it too late to assert their right to use the access. If they are not too late, you may have to demolish your extension. 

GDB2222

Perhaps you should have a look here.

https://www.blbsolicitors.co.uk/blog/can-a-right-of-way-be-removed/

In a more recent case, the Court of Appeal in Dwyer v City of Westminster [2014] held that the non-use of a blocked and inaccessible passageway for 40 years did not constitute abandonment.




It seems that your neighbours have a good point, and you will just have to pay them what they want to regularise the situation. 

user1977

caryn14 said:

GDB2222 said:

You built over the neighbour’s driveway without their permission? Really!?

After 20+ years, they may no longer be able to force you to demolish the extension. What does your solicitor say about this?

It is nothing to do with PP, btw.

Absolutely not did I build over a neighbours driveway. It's my land, a commercial site, and they have pedestrian access to the rear of their own building over my land.

No objection was raised at the time or over their using it for the last 28 years, it's only raised now I want to sell.

In that case I'm confused what you mean by "The permission effectively took vehicle access away from two very small storage units at the rear of the buildings for two adjoining properties"?

sheramber

Forget planning  permission. That has no bearing on whether you own the land or someone had access rights over the land.

  Forget 28 years at present.

Start with what  the deeds sya about the right of access.  Is it pedestrian access or vehicle access?

GDB2222

user1977 said:

caryn14 said:

GDB2222 said:

You built over the neighbour’s driveway without their permission? Really!?

After 20+ years, they may no longer be able to force you to demolish the extension. What does your solicitor say about this?

It is nothing to do with PP, btw.

Absolutely not did I build over a neighbours driveway. It's my land, a commercial site, and they have pedestrian access to the rear of their own building over my land.

No objection was raised at the time or over their using it for the last 28 years, it's only raised now I want to sell.

In that case I'm confused what you mean by "The permission effectively took vehicle access away from two very small storage units at the rear of the buildings for two adjoining properties"?

You know what the OP meant. She assumed that, as she had PP, it was okay for her to block the access. She’s finding out belatedly that it was not okay, and it is going to be expensive to sort it out. 

ciderboy2009

OP - I would suggest that you obtain copies of the deeds for the two neighbours to see what rights of way they actually include.  As others have mentioned, it's possible that you can't block their vehicular access despite having planning permission as this isn't something that the planning department are required to check.

By way of example, there's nothing to stop me from putting in an application to knock down my neighbour's house and extend my house onto their land.  Obtaining permission wouldn't allow me to actually carry out the planned work though!

user1977

GDB2222 said:

user1977 said:

caryn14 said:

GDB2222 said:

You built over the neighbour’s driveway without their permission? Really!?

After 20+ years, they may no longer be able to force you to demolish the extension. What does your solicitor say about this?

It is nothing to do with PP, btw.

Absolutely not did I build over a neighbours driveway. It's my land, a commercial site, and they have pedestrian access to the rear of their own building over my land.

No objection was raised at the time or over their using it for the last 28 years, it's only raised now I want to sell.

In that case I'm confused what you mean by "The permission effectively took vehicle access away from two very small storage units at the rear of the buildings for two adjoining properties"?

You know what the OP meant. She assumed that, as she had PP, it was okay for her to block the access. She’s finding out belatedly that it was not okay, and it is going to be expensive to sort it out. 

Their subsequent post adds some ambiguity to that. Though the position might be different if in fact the access hasn't been used for the past 28+ years.