Builder able to cross my land?

davemorton

From the deeds of the land planning has gone in for...

The land tinted pink and tinted yellow on the filed

plan is subject to the following rights reserved by

the Conveyance dated 23 May 1972 referred to

above:-

"EXCEPTING AND RESERVING unto the Vendors

2

in fee simple the free and uninterrupted passage

and running of water and soil from and to the other

lands of the Vendors adjoining or near to the land

hereby conveyed and from and to any buildings now

standing or hereafter to be erected on the said

lands of the Vendors through the sewers drains and

watercourses which are now or may at any time

within the lives of the descendants of His Late

Majesty King George V living at the date hereof and

the survivor of them and twenty one years from the

death of the last survivor be in or under the land

hereby conveyed with all easements rights and

privileges proper for making connections to

repairing maintaining and replacing the said sewers

drains and watercourses AND EXCEPTING ALSO

out of this Conveyance any easement or right of

light air or otherwise which would restrict or

interfere with the free use of any adjoining or

neighbouring land of the Vendors for building or

any other purpose"

daveyjp

Looks similar to our set up.  Adjacent property owners all own part of the cul de sac, but as it is a highway we have no rights to prevent people using it as such.

 Allowing access to neighbouring land may however be a different matter.  You may need legal advice as highways can be public without being adopted (adoption relates to repairs and maintenance and not use or rights to pass over).  Its why on some roads there are express notices that it is a private access with permissive rights to pass which can be removed at any time, so over time the route doesn't become a recognised highway and then after 20 years of use becomes dedicated as such.

However just because planning permission has been approved doesn't mean it can happen.  Planners don't get involved in the legal aspects of land ownership and legal rights of access to developments they are approving.  However the design and access statement for the application will cover matters around site access and the planning officers report will also cover access (as highways are a statutory consultee) so read both and understand what the developer has said about access to the site in question.

davemorton

Many thanks for everyones comments, and I realise I am going to have to get professional advice, but just posting to get an initial idea whether it is a loosing battle or not. 

Bookworm105

davemorton said:

Bookworm105 said:

Is there is an existing gate to the field at that hammerhead ? 

this thread is starting to go round in circles. Either the 4 properties on that road have the right to control who can use the road, or they don't. Being responsible for its repair because it is unadopted is not the same as controlling right of access along it.

Get proper legal advice based on what each of the 4 deeds say. It appears it is already very late in the day given original PP was granted and a variation to the PP is now out of time for objections so this will go ahead 

PP has not been granted yet. All home owners are against it. The existing gate into the field was what I marked in blue. 

but you have already said period for objections has closed so I am unsure what you expect to get from this thread as short of legal action there is nothing more you can do. 

daveyjp

The salmon pink and yellow colours will be referred to in the title document, but looking at that plan it appears the developer owns most of the turning head so will probably have as much right to pass and use the road for access as other owners.

davemorton

Bookworm105 said:

davemorton said:

Bookworm105 said:

Is there is an existing gate to the field at that hammerhead ? 

this thread is starting to go round in circles. Either the 4 properties on that road have the right to control who can use the road, or they don't. Being responsible for its repair because it is unadopted is not the same as controlling right of access along it.

Get proper legal advice based on what each of the 4 deeds say. It appears it is already very late in the day given original PP was granted and a variation to the PP is now out of time for objections so this will go ahead 

PP has not been granted yet. All home owners are against it. The existing gate into the field was what I marked in blue. 

but you have already said period for objections has closed so I am unsure what you expect to get from this thread as short of legal action there is nothing more you can do. 

My thinking was he may get planning permission, but without legal access to the site, he would not be able to build. Grasping at straws, possible.  Just seems a backhanded manner, applying for planning, then once the chance to object is closed, to then change the entrance route. 

RHemmings

davemorton said:

Bookworm105 said:

davemorton said:

Bookworm105 said:

Is there is an existing gate to the field at that hammerhead ? 

this thread is starting to go round in circles. Either the 4 properties on that road have the right to control who can use the road, or they don't. Being responsible for its repair because it is unadopted is not the same as controlling right of access along it.

Get proper legal advice based on what each of the 4 deeds say. It appears it is already very late in the day given original PP was granted and a variation to the PP is now out of time for objections so this will go ahead 

PP has not been granted yet. All home owners are against it. The existing gate into the field was what I marked in blue. 

but you have already said period for objections has closed so I am unsure what you expect to get from this thread as short of legal action there is nothing more you can do. 

My thinking was he may get planning permission, but without legal access to the site, he would not be able to build. Grasping at straws, possible.  Just seems a backhanded manner, applying for planning, then once the chance to object is closed, to then change the entrance route. 

Are you saying that the change of entrance was classified as a minor material amendment?

Section62

Bookworm105 said:

davemorton said:

Bookworm105 said:

Is there is an existing gate to the field at that hammerhead ? 

this thread is starting to go round in circles. Either the 4 properties on that road have the right to control who can use the road, or they don't. Being responsible for its repair because it is unadopted is not the same as controlling right of access along it.

Get proper legal advice based on what each of the 4 deeds say. It appears it is already very late in the day given original PP was granted and a variation to the PP is now out of time for objections so this will go ahead 

PP has not been granted yet. All home owners are against it. The existing gate into the field was what I marked in blue. 

but you have already said period for objections has closed so I am unsure what you expect to get from this thread as short of legal action there is nothing more you can do. 

As I mentioned upthread, there may be a question over the validity of the 'ownership certificate'.  There's a possibility the consultation should be reopened to allow comments on the revised access.

davemorton

RHemmings said:

davemorton said:

Bookworm105 said:

davemorton said:

Bookworm105 said:

Is there is an existing gate to the field at that hammerhead ? 

this thread is starting to go round in circles. Either the 4 properties on that road have the right to control who can use the road, or they don't. Being responsible for its repair because it is unadopted is not the same as controlling right of access along it.

Get proper legal advice based on what each of the 4 deeds say. It appears it is already very late in the day given original PP was granted and a variation to the PP is now out of time for objections so this will go ahead 

PP has not been granted yet. All home owners are against it. The existing gate into the field was what I marked in blue. 

but you have already said period for objections has closed so I am unsure what you expect to get from this thread as short of legal action there is nothing more you can do. 

My thinking was he may get planning permission, but without legal access to the site, he would not be able to build. Grasping at straws, possible.  Just seems a backhanded manner, applying for planning, then once the chance to object is closed, to then change the entrance route. 

Are you saying that the change of entrance was classified as a minor material amendment?

I presume so.  Comments were closed approx 20th April, then last week I recieve a letter saying about the plans, and on the councils planning portal it says 'Amended plans received 14.08.2024 taking access into the site from xxxxx'

RHemmings

Thanks. As mentioned by others earlier in the thread, perhaps raise a complaint that the plans have been changed in a significant fashion without new planning permission being required and that residents had no opportunity to object to the current plans.