Does new highway access need planning? Four-year rule?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Does new highway access need planning? Four-year rule?

    Any help or advice gratefully received! We have created a new access (gate and roadway) onto land we own. How many years would we have to use it without objection before planning permission would not be necessary? Many thanks!
    Unshackled by the chains of idle vanity, A modest manatee, that's me

  • #2
    Originally posted by islandgirl View Post
    We have created a new access (gate and roadway) onto land we own. How many years would we have to use it without objection before planning permission would not be necessary?
    Do you mean an access from adopted highway into your land?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      yes, thank you Jeffrey
      Unshackled by the chains of idle vanity, A modest manatee, that's me

      Comment


      • #4
        New title (thank you forum angels) - anyone any ideas pls? Is it 4 years? Thanks!
        Unshackled by the chains of idle vanity, A modest manatee, that's me

        Comment


        • #5
          I've briefly loooked at the Highways Act 1980 [ugh!] Try s.184 (too long to copy here; try http://www.statutelaw.gov.uk).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Thank you very much Jeffrey - a little bedtime reading methinks! Much appreciated.
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


            • #7
              That website was so exciting I just could not wait....
              It seems the town and country planning act is the one, wherein I found:

              171B. Time limits.— (1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.
              (2) Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.
              (3) In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.
              The question is, is it 4 or 10....I would say an access is an "operation over land" and thus 4 years - what do others think please?
              Many thanks!
              Unshackled by the chains of idle vanity, A modest manatee, that's me

              Comment


              • #8
                Have you enjoyed right of way over this piece of land, over many years, that you can prove?

                Comment


                • #9
                  Originally posted by Besprak View Post
                  Have you enjoyed right of way over this piece of land, over many years, that you can prove?
                  Read the question, she is asking how many years she will need to use it in order to legalise it.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                  • #10
                    Thanks all. Yes Besprak we have had right of way for many years and can prove it. As JTA rightly says, I need to know how many years gives it deemed planning...
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

                    Comment


                    • #11
                      A planner should be along to answer this, but as far as I know unless the access was to a classified road (A, B, or C class) formation of an access is permitted development and doesn't require permission at all. If permission is required it would be operational development which would only be immune after 4 years, unless it was a breach of a specific condition on an earlier permission forbidding such an access, in whihc case 10 years would have to elapse.
                      RICHARD WEBSTER

                      As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

                      Comment


                      • #12
                        That is very helpful Richard - thank you very much
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment

                        Latest Activity

                        Collapse

                        Working...
                        X