Planning permission involving a private road

MyNameIsRene

A developer has just served the following notice: Town and Country Planning (Development Planning Procedure)  (England) Order 2015 NOTICE UNDER ARTICLE 13 OF APPLICATION FOR PLANNING PERMISSION
It relates to a planning application of about 100 houses which requires access to a private road. As a part owner of this private road what can be done. Can I just object to the planning permission and the developer can do nothing about it. Will the council planning department uphold my objection or can they ignore it? There is a wider consultation going on with objections being raised but wondering and hoping if the whole planning application can be rejected because of this private road issue. Would be very interested to see what this forum thinks and any advice that can be shared.

FlorayG

Do you own the road and have all responsibility for its safety and upkeep? If so then surely that's the same as requiring access across your garden - it's private land and they need your permission. Some private roads are nevertheless maintained by the Highways department, in which case it's not so clear

400ixl

You can object, they will consider it. They may chose not to uphold the complaint and grant permission, they may make the developer make changes or the may reject that submission (doesn't stop them re-applying).

The developer can't do anything about you objecting to a public planning application. However, your objection is just that, until the council make the judgement.

What is your objection?

molerat

You need to read your deeds as to what access you must allow over that road. If it is the same developer that built your houses there is a fair chance they put a clause in the deeds.  Something similar happened here and the developer, different to the original builder, got the PP but the road owners refused them and the subsequent property owners access over the road so they gave up.

fluffymuffy

If the council grant PP the development still cannot proceed without permission from the road owners. I would expect to see cash offers for such permission, which may or may not be acceptable.

Taken2much2

It is all down to who owns the road and does the developer have a right of way over it. I suspect the developer owns the road. Your title deeds will help and you can access the title deeds of the building plot and the road.

Section62

fluffymuffy said:

If the council grant PP the development still cannot proceed without permission from the road owners. I would expect to see cash offers for such permission, which may or may not be acceptable.

If the owner of the development land has right of way over the road then they can't be stopped.

If the council think it is in the public interest (which if they give PP for 100 homes is almost a given) for the road to be available to access the development then they can do a forced adoption, and/or make a compulsory purchase order for the land.

Cash offers will probably only come into the equation if there is no existing right and that the offers (including legal costs) are much cheaper than the other options.

Section62

FlorayG said:

Do you own the road and have all responsibility for its safety and upkeep? If so then surely that's the same as requiring access across your garden - it's private land and they need your permission. Some private roads are nevertheless maintained by the Highways department, in which case it's not so clear

If that is the case then the highway authority will be acting as a simple contractor to the owner(s) with no additional powers.  Being maintained at public expense is the definition of what makes a highway 'public' vs private.

daveyjp

Planning officers deal with planning matters, this will include assessment that the proposed access and highway meets planning requirements, but they won't concern themselves with ownership and rights of access associated with the land covered by the application.

The Design and Access Statement will provide details on highways and access arrangements.

silvercar

I will move this thread to the housing board.

user1977

Planning permission doesn't overturn any right you already have to prevent them using the road.