Intensification of housing in private lane.

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    Intensification of housing in private lane.

    I have read with interest on this forum the discussions that relate to my query.
    I live in a property off a single track private cul de sac lane (private confirmed by highways) along with 12 other properties accessed from the lane. One of those properties was bought and demolished by a developer who, in spite of our best endeavours, obtained outline planning permission for 5 houses.
    No deeds show any ownership of the lane itself. We have always shared the expense of upkeep as and when necessary and have understood that we own to the centre of the lane that adjoins our properties and are responsible for it.
    Could someone enlighten me on the subject of "only a maximum of 5 houses can be built with access from a private lane" If there are already in excess of 5, how does that affect the issue?
    The local authority is Cornwall Council.
    Any advice would be much appreciated.

    #2
    I take it that quote is written in your deeds? If so then I suspect it is up the original house owners to bring a case against the developer for breach of covenant. That is not a planning issue. LA's are so desperate to build more homes to comply with government guidelines that nothing is off limits.



    Freedom at the point of zero............

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      #3
      Originally posted by Interlaken View Post
      I take it that quote is written in your deeds? If so then I suspect it is up the original house owners to bring a case against the developer for breach of covenant. That is not a planning issue. LA's are so desperate to build more homes to comply with government guidelines that nothing is off limits.
      And more homes means more council tax ....................

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        #4
        Originally posted by JonathanM View Post
        Could someone enlighten me on the subject of "only a maximum of 5 houses can be built with access from a private lane" If there are already in excess of 5, how does that affect the issue?.
        Where does it say that?

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          #5
          A current day planning application where access is over a private road would probably be subject to such a rule.
          No more than 5 houses to be accessed over a private road.

          A road to serve more than five new houses would have to be built to a standard for a public highway that can be adopted by the Highways Authority.

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            #6
            You should try and get a copy of "Gale's Rights of Way" I had a problem with a Private Right of Way. I believe that there is something called Intensification which could help you. Certainly reading this paperback will cover what you need to know.
            In 1983 it cost £25.00 from the Solicitors Law Stationery Office.

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              #7
              "Gale's Rights of Way" costs about £250 now, but a Google search about what constitutes intensification is still a useful way to find out about such matters.

              What you have to accept is that a plot of land with the benefit of a right of way can be developed with more than one house on the land if an original house is demolished.

              So where there was one house there may now be five.

              But what if a family moves into one of the existing houses and has ownership of up to 10 cars, because there are lots of adult children living in the house with their parents. Is that intensification?

              This would be a complex area of land law if you think that you can prevent the development based on intensification.

              It could be an expensive and unsuccessful attempt to frustrate the proposed development.

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