Planning Advice

lastbigspender · 10 December 2018 at 4:08PM

Wonder who can help

If a neighbour has been building their house the last year or so and are now in the final stages for completion but the access/driveway that had been approved at planning application stage has now been moved.

Its still within their ground but it does not have agreed site visibility splays whereas the approved access did have.

Is this legal? if not who needs to know?

martinthebandit · 10 December 2018 at 4:12PM

Have you checked your local planner portal online to see if the agreed plans have been amended?

.....and how much of a problem to you is the amended layout?

guiriman · 10 December 2018 at 4:14PM

I don't know much about it being legal, but if they haven't submitted revised plans then likely not. Contact your local planning office.
http://epicpublic.planningni.gov.uk/publicaccess/search.do?action=simple&searchType=Application

lastbigspender · 10 December 2018 at 4:18PM

martinthebandit wrote: »

Have you checked your local planner portal online to see if the agreed plans have been amended?

.....and how much of a problem to you is the amended layout?

Yes checked and no amendment received.

Just i intended to erected a 6ft fence to the edge which wud no way surfice a visiablity splay!!

guiriman · 11 December 2018 at 10:24AM

An amendment was made to plans near me, these put a visibility splay onto the front of my property and they didn't bother to tell me (although they did sign that they had informed all affected on their application). It's no big deal as it's grass and I don't intend to do anything with it but the attitude irks me. They also didn't inform my elderly (in their 80s) neighbours that the plans included cutting 6ft off their property for visibility. I put in an objection to the planning office stating the lack of being informed and that I do not accept the restrictions on my property. Case is still open so can't say if that's the right approach or not. Since in your case they're already building I'd look to speak to someone in person

Mistral001 · 18 December 2018 at 3:10PM

There are two aspects here.

Firstly, there is the planning aspect. The applicant has to comply with Planning Law. If they do not they, could be committing a criminal offence.

Secondly, if the person wanting the visibility splay wants to ensure that a neighbour does not interrupt the visibility within the splay area by say erecting a fence or planting hedge or tree, they have to get an easement from the said neighbour. An easement is a civil law matter and is something that has to be put in place with the agreement of the neighbour affected by it. The person wanting the splay will usually pay for all legal costs involved in getting this easement and will usually have to pay several £k directly to the affected neighbour to get their agreement for the easement to be put in place.

Planning Advice

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free