Can I build a drive on my property if my front garden is on a private road?

stay143

Hi there! I own my home that is a semi-detached house that faces a private road.
We are a line of houses and have a grouping of garages at the back of our properties but the front of the properties lead out to a private road that is accessed by two houses at the end of our road and on the opposing side.
The two houses do have driveways and use this road to access them. This road has a sign that says private road and no parking, but of course is accessed by neighbours for quick drop offs, taxis or delivery people.
The house next to me has a drive installed that they allegedly got permission from the two houses in the corner to build. Years have passed and there was a minor car collision with one of those houses and my next door neighbour which has led to tension and my neighbours no longer using their driveway due to what they perceived as a mild threat. The top of the road has an unmarked and unprotected parking bay that our houses use but it is becoming increasingly hard to have a spot, so I am keen to get my own driveway - plus I was never one to want a front garden to upkeep.

My key questions are:
- Can I also get a drive built onto my property?
- What permissions would I need legally (if any) to do so?

Any insight on how I would go about starting the process or getting the information required would be ideal as a google search has left me rather confused.

Thanks!

user1977

Assuming you have a right of vehicular access to your property (do you? Suspect so given the mention of a parking bay but not clear what the layout is) then not sure why that wouldn't include driving in/out of your property. Unless there's something more specific in your titles saying otherwise.

Would you need to do any work on the communal property e.g. lowering kerbs?

loubel

Do you have right of way over the road?

born_again

Other than above.
Depending on type of drive you are thinking of, planning permission is a possible one. 

Brie

Wondering what you might be driving over.  This is why (so I've heard) people aren't supposed to drive over or park their cars on the pavement as there's pipes and wires under that and too much weight might cause damage and disrupt services.  (this is as opposed to the legalities of blocking pedestrian traffic.)

If you are parking a car on top of your buried waste pipes will your insurance cover fixing it is/when they burst?

theartfullodger

Can yes: May - probably but not sure.  (As in I can drive down the M3 at 95mph, but may not & may get fined etc etc..)

doodling

Hi,

If you have a right of way from the public highway, along the private road to your property (and I mean to your property, not for example, to a verge that you do not own outside your property) then there is nothing stopping you from creating an access to that private road.  You may need planning permission depending on exactly what you are doing.

If you don't have a right of way along the privante road to your property then there is still nothing stopping you creating the access, but there is also nothing stopping the owners of the private road building a fence in front of your new access to prevent you from using it (or seeking an injunction  to the same effect if they prefer).

Of course, if you don't currently have one, it may be possible to buy a right of access from the owners of the road - in many places that could be a five figure sum (especially once you've paid both sides legal costs), maybe more in some cases.

Section62

doodling said:

...
If you have a right of way from the public highway, along the private road to your property (and I mean to your property, not for example, to a verge that you do not own outside your property) then there is nothing stopping you from creating an access to that private road.  You may need planning permission depending on exactly what you are doing.
...

That depends on the terms the right of access has been granted on.  If they are very specific the landowner might be able to argue that access to a new area of parking is not allowed.  This may be a real possibility, bearing in mind the "tension" and "mild threat" the OP mentions.

Before spending money on anything else I'd want legal advice on exactly what the rights are (if any).

Martin_the_Unjust

If it was me I’d be inviting the owners of the road round for tea and cake and then ask them if they would have any issues re you having a drive?

Albermarle

Martin_the_Unjust said:

If it was me I’d be inviting the owners of the road round for tea and cake and then ask them if they would have any issues re you having a drive?

Plus it is a good time of year to introduce yourself/get to know your neighbours. You can take them some mince pies.

martindow

Albermarle said:

Martin_the_Unjust said:

If it was me I’d be inviting the owners of the road round for tea and cake and then ask them if they would have any issues re you having a drive?

Plus it is a good time of year to introduce yourself/get to know your neighbours. You can take them some mince pies.

And possibly some mistletoe if you think they might turn out to be really friendly ...